An entrapment operation was launched following three consecutive nights of surveillance undertaken by police operatives. The surveillance was initiated to verify the veracity of a police informant’s report which claimed that there was trafficking of women for the purpose of sexual exploitation somewhere in Borangay Capital, particularly near Baseline.
The team leader of the Regional Anti-Trafficking Task Force ordered the surveillance operation to identify the people involved in these illegal activities on June 15, 16 and 17. Police operatives and a civilian asset undertook the surveillance. They observed that there were two people doing the same pattern of activities. One was a lesbian and the other a male person. They would approach the vehicle and go away and upon their return they would have girls with them and the girls would get into the vehicle and drive away. On June 18 they verbally reported their findings and P.I. V. ordered them to conduct an operation to apprehend the persons involved in the illegal activity. The unit planned the operation to include a police decoy, a policeman who would act as a customer and hand over marked bills to the pimps. When the transaction was made he would signal to his colleagues to arrest the suspects. Five operatives were part of the back-up team and an American national who was also an American police officer went with him. They also contacted the DSWD to assist in the rescue of the girls and for turnover of them.
When the briefing concluded they travelled to Juana Osmena, near Baseline Bar and upon arrival noticed their target subjects. On June 18, at 9:00pm a male (Dave, the accused) approached their vehicle and made him an offer. A female (Jackie - co-accused) then arrived and they spoke to each other. The pair left in a taxi and the operatives parked their vehicle and stayed in a bar drinking for two and a half hours. At approximately 12:00am on June 19, Dave alighted from a taxi and moved towards their parked vehicle. They spoke to him and he then went to the taxi and knocked on the window, the girls immediately alighted from the taxi. Dave guided the four girls to the operatives for them to choose from. He offered the price of Php 1,000 for each girl. The operative tried to bargain but he was refused because Dave said the price was low already. He also mentioned that the girls can perform any sexual fantasy they would like them to do. The operative gave them the dusted money in the amount of Php 2,100. Dave received the money and passed it to Jackie. This signified the purchase and so the operative signaled for his back up team to move in and make the arrests. Dave tried to run but was apprehended. The two accused were brought to the PNP Crime Laboratory for examination and both tested positive for traces of ultra-violet fluorescent powder on their hands from the money used in the transaction. The DSWD representative took care of the rescued victims after the operation.
M.R.T.Y. is 20 years old, single mother, unemployed and a resident of Cebu City. She was pimped by Jackie and Dave when she worked as a semi-prostitute at the age of 19. She uses the term semi-prostitute because she only worked as a prostitute when she did not have enough money to survive. She knew the two accused and identified them in Court. She knew Jackie as the girlfriend of the victim C.M.L.A. and had met them both when they came to the house where she rented a room. C.M.L.A. was the girlfriend of the accused Jackie and lived in the same lodging house as M.R.T.Y. On the night of the entrapment operation Dave and Jackie came to the house and told both M.R.T.Y. and C.M.L.A. that they had customers who needed women. M.R.T.Y. asked Dave how much they would receive for providing sexual services. He told them Php 700. It was agreed that Php 400 would go to the girls and the rest to the pimps. They proceeded towards Mango Avenue in search of two more girls. They found them at 22nd St. and invited them to board the taxi if they needed customers. They then drove to Baseline and Jackie and Dave approached a foreigner and a Filipino who were the customers. The girls watched the transaction and joined Jackie, Dave and the customers when called upon. When the operatives revealed themselves the victims were boarded onto a van with DSWD personnel and taken to the DSWD Center where they were interviewed and where they prepared their sworn affidavits.
The Court relied upon Section 4(e) of R.A. 9208; Section 6(c) of R.A. 9208; and Section 3 of R.A.9208 to determine whether or not the accused was guilty of the offence charged. It held that, pursuant to Section 4(e), the accused took advantage of the vulnerability of the victims, one of whom was unemployed and had a young child for whom she had to care for and needed the money provided by prostitution to survive. It further held that M.Y.T.B.’s testimony substantiated the evidence of the prosecution and helped prove that Jackie Maycabalong violated the law on Anti-Trafficking in Persons Act by prostituting the four girls in exchange for money. Furthermore, she violated the Act by recruiting, hiring and maintaining the girls to engage in prostitution, and not for the first time.
The Court held that the accused were guilty as charged based on the following circumstances: 1) Both accused testified clearly that they had never met, interacted or quarreled with the police officers prior to their arrest therefore there was no ill motive on the part of the police officers in arresting them; 2) The two accused are long-time friends, being neighbors; 3) Jackie Maycabalong even testified that C.M.L.A., M.R.T.Y. and Dave are close friends; Jackie works in a KTV bar which deals with female entertainers as Guest Relations Officers (G.R.O.s); Dave is unemployed. The Court held that all of these circumstances would belie the defenses of the two accused.
Pursuant to Section 6(c) of R.A. 9208, it found that Dave Pasilan did indeed meet the three girls on the night of June 18, 2009. While he admitted knowing C.M.L.A. prior to that night, it was therefore held that the trafficking was committed in large scale if committed against three or more persons, individually or as a group. Both accused entered into a transaction for money and profit in exchange for the sexual favors that the girls could offer. The Court found that although Dave and Jackie performed independent acts, those were in fact concerted actions towards the same end.
The Court relied upon Section 4(e) of R.A. 9208; Section 6(c) of R.A. 9208; and Section 3 of R.A.9208 to determine whether or not the accused was guilty of the offence charged. It held that, pursuant to Section 4(e), the accused took advantage of the vulnerability of the victims, one of whom was unemployed and had a young child for whom she had to care for and needed the money provided by prostitution to survive. It further held that M.Y.T.B.’s testimony substantiated the evidence of the prosecution and helped prove that Dave Pasilan, acting as a pimp, violated the law on Anti-Trafficking in Persons Act by prostituting the four girls in exchange for money. Furthermore, he violated the Act by recruiting, hiring and maintaining the girls to engage in prostitution, and not for the first time. The Court held that the accused were guilty as charged based on the following circumstances: 1) Both accused testified clearly that they had never met, interacted or quarreled with the police officers prior to their arrest therefore there was no ill motive on the part of the police officers in arresting them; 2) The two accused are long-time friends, being neighbors; 3) Jackie Maycabalong even testified that C.M.L.A., M.R.T.Y. and Dave are close friends; Jackie works in a KTV bar which deals with female entertainers as Guest Relations Officers (G.R.O.s); Dave is unemployed. The Court held that all of these circumstances would belie the defenses of the two accused.
Pursuant to Section 6(c) of R.A. 9208, it found that Dave Pasilan did indeed meet the three girls on the night of June 18, 2009. While he admitted knowing C.M.L.A. prior to that night, it was therefore held that the trafficking was committed in large scale if committed against three or more persons, individually or as a group.
Both accused entered into a transaction for money and profit in exchange for the sexual favors that the girls could offer. The Court found that although Dave and Jackie performed independent acts, those were in fact concerted actions towards the same end.
Section 4 in relation to Section 6 of Republic Act 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) With or without the victim’s consent or knowledge, within or across national borders;
(c) By any means and/or by means of threat or use of force, or other form of coercion, abduction, fraud, deception, abuse of power or of possession, taking advantage of the vulnerability of the person, or the giving or receiving of payments of benefits to achieve the consent of a person having control over another person; including those done under the pretext of domestic or overseas employment or training or apprenticeship;
(d) 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.
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
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) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(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 a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
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 in relation to Section 6 of Republic Act 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) With or without the victim’s consent or knowledge, within or across national borders;
(c) By any means and/or by means of threat or use of force, or other form of coercion, abduction, fraud, deception, abuse of power or of possession, taking advantage of the vulnerability of the person, or the giving or receiving of payments of benefits to achieve the consent of a person having control over another person; including those done under the pretext of domestic or overseas employment or training or apprenticeship;
(d) 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.
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
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) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(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 a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
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 17 Cebu City
CRIM. CASE NO. CBU-86397
