判例法数据库

贩运人口

Case NO.CBU-91076

事实梗概

The evidence compiled during the investigation shows that the Regional Anti-Human Trafficking Task Force 7 was alerted to a potential case of trafficking in persons at the establishment known as Gate 3 in Cebu City. The Task Force assigned two police officers to the investigation, and put the place under surveillance.

On the evening of November 25th, police agents went to Gate 3 as part of an undercover mission. The agents posed as customers interested in paying for the sexual services of two girls. They where received by one of the defendants, L.V. Later on, they met Val Martin (another defendant in this case) and discussed the price of the sexual services provided by the girls who accompanied him. A third defendant (S.V.) led the agents, to a ‘display room’ and pressed a button to alert the girls of the arrival of customers. The two police officers chose two of the girls, took them to a karaoke, invited them to dinner and drinks and tried to extract some information about Gate 3 from them by having a distended conversation. The two girls admitted that Gate 3 was a prostitution den, that they had sex with clients in exchange for money and that Val Martin was the “manager” of the place. The agents then reported this information to Police Inspector M.T.M., who resolved to conduct an entrapment operation at Gate 3, on December 3rd 2010.

The two police officers were designated as decoys, and were provided with fluorescent dusted money in order to pay for the girls. Once inside Gate 3, the police officers chose three girls and handed 7,500.00 pesos to M.D. (a fourth defendant), who in turn gave them to Val Martin. One of the police decoys alerted the arresting team, and the members of the task force along with the DSWD personnel rushed in and arrested Val Martin and M.D., who where taken to de PNP Crime Laboratory to be examined for the presence of fluorescent powder on their hands. The 34 rescued girls where placed in the custody of DSWD. 

判决日期:
2013-07-03
作者:
UNODC

关键词

《人口贩运议定书》:
《人口贩运议定书》第三条
《人口贩运议定书》第五条
法令:
运输
包庇
途径:
滥用职权或脆弱境况
剥削目的:
对他人卖淫行为的剥削或其他形式的性剥削
贩运形式:
国内
剥削发生的部门:
商业化性剥削

交叉问题

责任

... 为了

• 既遂犯罪

... 根据

• 犯罪意图

... 作为涉及方

• 主犯

侦查

所涉机构

• Department of Social Welfare and Development (DSWD)
• Regional Anti-Human Trafficking Task Force 7
• Regional Mobile Group Region 7

没收和扣押

扣押的资金:
7500 PHP

评论

The following items were seized during the raid at Gate 3:

  • 40 unused Guliin Latex condoms

  • 10 packs of unused Frenzy condoms

  • A notebook of each girl (a total of 34 girls) containing the names of the customers, where they were taken by them and how much was paid for them, as well as the name of the manager Val Martin.

  • Two vehicles: A dark blue Toyota Corolla and a green Yoyota Tamaraw

  • A pornographic magazine

  • A list of debts

  • The hygiene card of some of the victims

  • Contraceptive pills

  • A laptop

  • Pawnshop receipts

  • Metrobank checks and a Savings Account Passbook under the name of Val Martin.

  • A BPI Saving Account under the name of J.M.

  • A certificate of Registration of a BMW with plate No. 605

  • A declaration of Real Property owned by spouses Valentino and J.M.

  • Two spiral notebooks containing a list of customers and the places where the girls where brought

  • 11 empty shells of cal.45 bullets

  • 2 empty shells of cal.9 mm bullets

  • 6 empty shells of cal. 22 bullets

  • A pink vibrator

  • Supercat tickets

  • A Certificate of Live Birth of R.C

  • 23 sex enhancing pills

 

特殊偵查手段

• 特殊偵查手段
• 控制下交付
• 电子或其他形式监视
• 暗中活动/假冒身份/渗透

性别平等方面的考虑因素

详情

• 性别考虑
• 女性主犯

程序步骤

法律制度:
民法
最新的法院:
初审法院
诉讼类型:
刑事的
被告人的审讯:
与同案其他被告一同处理(合并审讯)
 

1st Instance: 

Court: Regional Trial Court
Location: Cebu City
Date of decision: July 3rd 2013
Reference: Criminal Case No. CBU-91076

 
 

受害人/初审原告

受害人:
J.S.G.
性别:
国籍:
受害人:
C.C.
性别:
国籍:
受害人:
J.B.
性别:
国籍:
受害人:
31 Unidentified female victims
性别:

Other 31 unidentified victims (all female between 19 and 30 years old) were rescued during the operation.

被告/ 初审被申请人

其他被告人的数目:
4
被告:
Valentino C.Martin
性别:
国籍:
法律推理:

The four defendants denied their involvement in the incident and declaired themselves not guilty.

The defense presented a witness, R.B., who was a construction worker that was in the compound while the police search took place. He declared that he went to the store near Gate 3 to buy cigarretes when a policeman held him and brought him inside the compound and made him sign the Certification of Good Conduct on Search. He saw girls being ordered by the policemen to come out from the rooms. He only signed the Certification because he was told they would let him go afterwards. R.B. denied knowing any of the defendants and being present when the search was made. He also stated that he never saw girls coming in and out of Gate 3, neither did he notice taxicabs or other vehicles entering or leaving from there.

Valentin Martin denied having offered girls to the two police decoys in the evening of 25th November 2010. Moreover he denied the accusation that he recruited, mantained or hired girls for prostitution and pornography. The defendant testified that he was at his store at Banilad, Cebu City when two persons came in and ordered 7,500.000 PHP worth of San Miguel beer for the following day. According to the defendant´s testimony, on the following day the two men came again and were given the beer and gave the money to M.D., who later handed it to him. Right after the payment was made, they where arrested by these two police decoys. He wasn´t told the reason for the arrest, nor did he ask about it. The defendant claimed that he was in the compound Gate 3 when the police searched the place, but he didn´t know a certain R.B., nor authorized him to act as his representative to sign the Certification of Good Conduct of Search.

Valentino C. Martin, L.S.V., S.S.V. and M.D. were charged with violation of Section 4 (3) RA 9208, that is, unlawfully mantaining or hiring a person to engage in prostitution or pornography. The Prosecution proved this through several witnesses, all of them members of the Police Department, Regional Anti-Human Trafficking Task Force 7, DSWD or other Intelligence agencies. In this case, the testimony of the two police decoys was key, together with the secret camera which recorded the raid and reinforced the testimony of the decoys. The camera showed defendant M.D. receiving the money from one of the police decoys and handing it to Valentino Martin. After the payment was made, M.D. said “let the girls out”. In adittion, Martin asked for a tip of 500,00 PHP.

All the items seized during the search such as notebooks, the condoms,contraceptive pills and other objects cannot be considered as items for domestic use. Moreover, the prosecution gathered the testimony of 11 reliable witnesses, who consistently proved that the place Gate 3 was indeed a brothel. 34 girls aged from 19 to 30 years where rescued during the operation, and each one of them had a notebook in which they recorded the date when they where hired, the nationality of the customer, where they were taken and the cash advances received.

The court only found Valentino C. Martin and M.D. weere active in the transactions. The participation of the other two defendants in merely opening the gate or pressing the buzzer to alert the girls, was not sufficient prove that they were involved in the management of the place. Therefore, L.S.V. and S.S.V. were acquitted for insuffiency of evidence against them. Furthermore, M.D. died on June 20, 2012 so according to Art. 89 of the Revised Penal Code, all criminal liability is exrtinguished by the death of the convict.

Valentino C.Martin was found guilty beyond reasonable doubt of violating Section 4 (e ) RA 9208 and sentenced to life imprisonment. He was ordered to pay a fine of 1,000.000 PHP, and the properties derived from the commision of the crime were confiscated in favour of the Government. 

被告:
M.D.
性别:
国籍:

M.D. died on June 20th 2012. Because criminal liability is totally extinguished by the death of the convict under art 89 of the Revised Penal Code, the proceedings against the defendant expired with death.

被告:
L.S.V.
性别:
国籍:
法律推理:

L.S.V. testified that on the day when the incident took place she was inside the store where she worked when two police officers came in and arrested her. She denied opening the gate at Gate 3 for them on November 25, 2010. She also denied the accusation that she hired or recruited girls for prostitution or sexual exploitation.

The court only found Valentino C. Martin and M.D. weere active in the transactions. The participation of the other two defendants in merely opening the gate or pressing the buzzer to alert the girls, was not sufficient prove that they were involved in the management of the place. Therefore, L.S.V. and S.S.V. were acquitted for insuffiency of evidence against them.

被告:
S.S.V.
性别:
国籍:
法律推理:

The four defendants denied their involvement in the incident and declaired themselves not guilty.

S.V. claimed she owned a sari-sari store in Gun-ob, Lapu-Lapu City. She stated that on November 25, 2010 she was at her store and denied being at the investigated establishment. She was arrrested in the evening of December 3rd.

Valentino C. Martin, L.S.V., S.S.V. and M.D. were charged with violation of Section 4 (3) RA 9208, that is, unlawfully mantaining or hiring a person to engage in prostitution or pornography. Nonetheless, the court only found Valentino C. Martin and M.D. weere active in the transactions. The participation of the other two defendants in merely opening the gate or pressing the buzzer to alert the girls, was not sufficient prove that they were involved in the management of the place. Therefore, L.S.V. and S.S.V. were acquitted for insuffiency of evidence against them. 

指控/索赔/裁决

被告:
Valentino C.Martin
立法/法规/法典:

Section 4 (e) (c) of RA 9208

指控详情:
Aggravated Trafficking in Persons
陪审团裁决:
Guilty
监禁期:
无期徒刑
罚金/向国家付款:
是的  1000000  pesos (PHP)  (10,000-50,000 USD)
被告:
M.D.
立法/法规/法典:

Section 4 (e) (c) of RA 9208 

指控详情:
Aggravated Trafficking in Persons
被告:
L.S.V.
立法/法规/法典:

Section 4 (e) (c) of RA 9208

指控详情:
Aggravated Trafficking in Persons
陪审团裁决:
Acquittal
被告:
S.S.V.
立法/法规/法典:

Section 4 (e) (c) of RA 9208

指控详情:
Aggravated Trafficking in Persons
陪审团裁决:
Acquittal

法院

Cebu City Regional Trial Court