The accused were charged with recruiting, transporting and then maintaining, for the purpose of prostitution, pornography, or sexual exploitation, eight female and one male, seven of whom were children.
Three of the victims testified before the court.
R.P.B’s Testimony:
R.P.B. testified that she is 17 years old and both her parents are deceased. R.P.B.’s aunt sent her to school and she graduated from grade school.
She knew both Nikki and Candy (two of the accused) from the Fantastic Bar in Cagayan de Oro where she worked as a dancer in November 2008. She began working as a dancer in said bar in mid-June 2008. Her uncle was a waiter there and had told her that Candy and Nikki were going to Cebu. She asked Nikki if she could go with them and that she would pay for her own fare. Nikki offered to pay for her fare. She wanted to go to Cebu because she had heard that she could earn more money in Cebu than in Cagayan. Before going to Cebu she began to have second thoughts about going as she wished to quit her job, however she changed her mind as she thought maybe it was God’s plan. While at Nikki’s home, Candy’s Korean fiancé called and said that the PHP25,000 was ready to be claimed. She was beside Candy at this time. The PHP25,000 was for the girls’ fare to Cebu. Nikki claimed the PHP25,000 and then R.P.B., Nikki and Candy proceeded to Gaisano to buy tickets and to meet the other girls in a restaurant. There were five girls at the restaurant; R.P.B. was familiar with one of them, F, who was also a dancer at the Fantastic Bar. They continued to the pier and boarded the ship for Cebu. The ship left at 7:00pm and Nikki and Candy called them to their room where they had a meeting. They were instructed that if anyone asked, they should say that they were going to vacation in Cebu. The ship arrived in Cebu at 8:00am the next day. They waited for two hours for the Korean to pick them up. They were supposed to go somewhere in Banilad to work as dancers in a club. A man whom they thought was a ‘cargador’ approached them but he was actually a policeman. The man asked them what age they were and a police car arrived a short time later. The Korean arrived at this time too. They were brought to the police station and afterwards to the Crisis Intervention Unit of DSWD. At the police station the accused instructed them to tell the police that they were going to attend the wedding of Candy and her Korean fiancé.
When R.P.B. worked as a dancer she was tabled by other customers and earned P300 per day. She also earned from the ladies drinks and the bar fines.
M.H.U. Testimony:
M.H.U. was born in Cagayan de Oro City and studied there but did not finish high school because of family problems and her barkada. Her parents were farmers and her mother is deceased. When she left school she organized a dance troop with her friends. She is now in Cebu city because she was recruited by two of the accused, Nikki and Candy, to work in a bar as a dancer. She arrived in Cebu with two of her friends, J.V.V. and M.R.A. They left Cagayan on the evening of November 12, 2008 and took the Trans Asia boat to Cebu. Their recruiter paid for their taxi fare to get to the Cagayan port and there she received her ticket from Candy. She noticed that her ticket bore a different name and her last name was listed differently. Nikki was there with her husband and there was another girl, E.O.C. present also. M.H.U., Nikki, Candy, J.V.V., M.R.A. and E.O.C. boarded the boat. The accused called a meeting in their room together with five other girls who were already in the room. They discussed their work, the bar they were working for and their salary. Nikki and Candy told them their work would begin at 8:00pm and continue until 3:00am. They would be wearing a panty and bra to work or t-back. Their salary as a dancer would be PHP300/day and as a Guest Relations Officer (G.R.O.) they would earn PHP200/day. The payment for the bar fine would be PHP6,000 and her share would be PHP3,000. The accused also told them that their customers would not be Filipino, only foreigners. They would live in a dorm near the bar. They arrived in Cebu at approximately 8:00am on November 13, 2008. They waited for Candy’s Korean boyfriend. Two policemen approached them and questioned them. They were asked for their IDs and cards but could not show any. They lied to the police because the accused told them to do so. Candy’s Korean boyfriend arrived at the same time as more police. They were brought to the police station near the pier and questioned individually. They were then brought to the CIU at the DSWD.
R.D.E.’s Testimony:
R.D.E. is 17 years old and only finished Grade 4 because of family problems. Her father is deceased. She is from Cagayan and came to Cebu on November 13, 2008. She was brought to Cebu by the accused, Nikki and Candy. She first met Nikki on November 9, 2008 through her friend S., at his house in Cagayan de Oro city. Nikki asked her if she had experience as a dancer and she responded in the affirmative. Nikki then asked her if she would come with her to Cebu as there was a new club opening there. She agreed and Nikki asked her to meet her at Gaisano Mall on November 12, 2008. R.D.E. and her friends M. And S. were met by Nikki, her husband and her daughter that afternoon at the mall. Nikki bought all their tickets for Cebu for 8:00pm on November 12, 2008. She saw Candy, along with R.P.B and M.C.J. at the mall. Candy spoke to someone on her cell phone and then told Nikki that some of the women were not pushing through. They took taxis to the pier and boarded the Trans Asia boat first. Nikki and Candy waited for four other girls to arrive. The ship left Cagayan at 8:00pm. Inside the ship they spoke in Candy and Nikki’s room about the work they would have in Cebu as dancers. Nikki and Candy also told them that they would be entertaining customers and about the bar fine. She knew she would be having sex with the customer at the hotel as the bar fine involves them going out with the customer to a hotel after the customer paid at the counter. The accused told them that a dancer would be paid PHP300/night and that for every lady drink that she had, the sale per drink would be shared by her and the cashier. The bar they would work in was the W KTV bar in Cebu, they would live beside it. Of the PHP300 salary PHP50 would be deducted for her lodging and other expenses. They arrived in Cebu on November 13, 2008 at about 8:00am. They were questioned by the police on their arrival and were all brought to the police station. The DSWD social workers arrived and interviewed them and then brought them to the DSWD.
The Court held that the testimony of each of the three minors strongly and clearly indicated that they were transported and accompanied by the two accused, Nikki and Candy, on the boat from Cagayan to Cebu, where they would begin work in a bar. Such work entailed dancing in skimpy attire, entertaining male customers and having ladies’ drinks, and being taken out by customers for sex. This would entitle them to commissions. According to the Court, a witness who testified in a categorical, straightforward, spontaneous and frank manner and remained consistent on cross-examination is a credible witness. Furthermore, the Court held that where there is no evidence of improper motive on the part of witnesses for identifying the accused as the perpetrator of the crime, the presumption is that they were not so actuated and their testimonies are entitled to full faith and credit. Positive identification of the accused, where categorical and consistent and without any display of ill motive on the part of the eyewitness testifying on the matter, prevails over alibi and denial which if not substantiated by clear and convincing evidence are negative and self-serving evidence undeserving of weight in law.
The Court also found that even if the minors gave their consent, this does not absolve the criminal liability of the accused. The Court held that the trafficking is deemed qualified because the trafficked persons were children and it was committed against at least three persons.
The Court held that the testimony of each of the three minors strongly and clearly indicated that they were transported and accompanied by the two accused, Nikki and Candy, on the boat from Cagayan to Cebu, where they would begin work in a bar. Such work entailed dancing in skimpy attire, entertaining male customers and having ladies’ drinks, and being taken out by customers for sex. This would entitle them to commissions. According to the Court, a witness who testified in a categorical, straightforward, spontaneous and frank manner and remained consistent on cross-examination is a credible witness. Furthermore, the Court held that where there is no evidence of improper motive on the part of witnesses for identifying the accused as the perpetrator of the crime, the presumption is that they were not so actuated and their testimonies are entitled to full faith and credit. Positive identification of the accused, where categorical and consistent and without any display of ill motive on the part of the eyewitness testifying on the matter, prevails over alibi and denial which if not substantiated by clear and convincing evidence are negative and self-serving evidence undeserving of weight in law.
The Court also found that even if the minors gave their consent, this does not absolve the criminal liability of the accused. The Court held that the trafficking is deemed qualified because the trafficked persons were children and it was committed against at least three persons.
No further information available.
No further information available.
Section 4(a) and (e) of Republic Act 9208, Section 6(a) and (c) of R.A. 9208, Section 3(a) of R.A. 9208
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.
b) xxx
c) xxx
d) xxx
e) To maintain or hire a person to engage in prostitution or pornography
Section 6 of R.A. 9208 provides:
Qualified trafficking in Persons – the following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) xxx
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as group.
(d) xxx
Section 3 of R.A. 9208 defines trafficking in persons as:
(a) The recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders 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 for the purpose of exploitation which includes at a minimum, 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.
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.
(b) xxx
Section 3(c) of R.A. 9208 defines prostitution as:
(c) Any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.
Section 4(a) and (e) of Republic Act 9208, Section 6(a) and (c) of R.A. 9208, Section 3(a) of R.A. 9208
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.
b) xxx
c) xxx
d) xxx
e) To maintain or hire a person to engage in prostitution or pornography
Section 6 of R.A. 9208 provides:
Qualified trafficking in Persons – the following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) xxx
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as group.
(d) xxx
Section 3 of R.A. 9208 defines trafficking in persons as:
(a) The recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders 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 for the purpose of exploitation which includes at a minimum, 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.
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.
(b) xxx
Section 3(c) of R.A. 9208 defines prostitution as:
(c) Any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.
Section 4(a) and (e) of Republic Act 9208, Section 6(a) and (c) of R.A. 9208, Section 3(a) of R.A. 9208
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.
b) xxx
c) xxx
d) xxx
e) To maintain or hire a person to engage in prostitution or pornography
Section 6 of R.A. 9208 provides:
Qualified trafficking in Persons – the following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) xxx
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as group.
(d) xxx
Section 3 of R.A. 9208 defines trafficking in persons as:
(a) The recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders 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 for the purpose of exploitation which includes at a minimum, 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.
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.
(b) xxx
Section 3(c) of R.A. 9208 defines prostitution as:
(c) Any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.
Section 4(a) and (e) of Republic Act 9208, Section 6(a) and (c) of R.A. 9208, Section 3(a) of R.A. 9208
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.
b) xxx
c) xxx
d) xxx
e) To maintain or hire a person to engage in prostitution or pornography
Section 6 of R.A. 9208 provides:
Qualified trafficking in Persons – the following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) xxx
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as group.
(d) xxx
Section 3 of R.A. 9208 defines trafficking in persons as:
(a) The recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders 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 for the purpose of exploitation which includes at a minimum, 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.
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.
(b) xxx
Section 3(c) of R.A. 9208 defines prostitution as:
(c) Any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.
Regional Trial Court, 7th Judicial Region, Branch 6, Cebu City
