fcrus URT FIRST JUDICTAL REGIOI PRANCH Lt PCOPLE OF Frit PraLineanes, . sti fem, Cane No, 13462 for ; if JURMEL CCLIRS Y ESTPCL QUALIFIED TRAFFICKING ALIAS SAR DARA, IN PERSONS: = ' accused ete CIS aw. ° i ate wifoum, Joti Saptoid ¥ Cotrallon aber: Sones, BUG change! Safficking ia persons ( follows: Mow OF Seateriber, 2007, in 5 itd eatin the sansctetion oF oT SLGIMEL WOME, cons “Thai we on W8 Siy of ersraeie Cane tes DELIA Land 12a OF OF the ree iIY OF ne I Perseus? beDecision Crim, Case No, 13462 Page 2 x J Ramin, I years olf; Comm Faas Old, dunng the commission of the crime." (Rolle, page 01) Vim, 17 years Upon arraignment, the accused duly assisted by counsel pleaded not guilty to the crime charged against him. (Ibid, page 38) At the scheduled pre-trial on November 13, 2007, the accused 4 through bis counsel Atty, Beverly Manzano of the Puatic Attarney's Office (PAO), “manifested that the accused is willing to enter into a plea bargalning with the prosecution in that he is willing to withdraw his plea of not guilty to the crime charged against him and will plead bguity to the lesser offense of ordinary trafficking in persons penalized ler Section 4 of Republic Act (RA) $208." (Ibid, page 45) The PrBRecution through Assistant City Prosecutor Myra Shelia Nalupta Barba “moved for a resetting to give the prosecution sufficient time (Ibid) The pre-trial was then cancelled, At the pre-trial scheduled on November 17, 2007, Assistant City Prosecutor Myra Sheila Nalupta Barba informed the Court that the plea bargaining offer of the accused x x is not acceptable to the Prosecution.” (Ibid, page 58) ‘The Court then proceeded to pre-trial, At the pre-trial, the parties entered Into the fallowing stiputation of facts: to study the offer x x x." “L. The Court has juisofction over the 2. The identity of the accused is admitted in that iafienever prosecution witnesses refer & dummel Deluna y Estelle stias Sancare, they refer to the same accused Charged and arraigned under the information; 3. Private complainant Camis Jame Raw also known 5 CeO eas y amma 135 bom on Harch 48, 1994,a Decision Crim, Case No. 13462 Page 3 x | Uus she was only sixteen (16) years old on the date of the + Incident, subject matter of the instant cases; 4. Private complainant Aaageee Mel was bom on December @ 1993, thus, she was onty fourteen (144) years old! on the date of the incident, subject matter of the insisnt: 5. Private complainant ams Nemme Malta :1a5 bon cn October M1989, thus she was only seventeen (17) years okt on the date of the incident, subject matter of the instant 390; a7 { S. The accused was in Laoag Gh on September a ‘ 2007." (Ibid, pages 58-59) The prosecution evidence can be summarized as follows: Me Jqmp Pea, Social Welfare Office I of the City Social Welfare and Development Office (CSWDO), Laoag City, testified that she knows the private complainants Fawums Mente Ve, Mele 2rd Comm Jame Rem also known 2s Commimm Janam Vim. She also knows the accused, ‘She first came to know about the accused on June 13, 2007 “when, he was reported’ pimping minors ‘at Cockhouse."” (TSN, February 19, 2008, page: 51) Atthe time, the accused “was ‘st 17 | years okd” (Ibid) The report was ‘that the accused “was reported to be pimping minors spécialy those students who are reaming around the city proper at night.” (Ibid) ‘The Laoag City Philippine National’ Police (PNP) reported the Matter to the Prosecutors Office, “However, *when the minors were called for a clarificatory hearing at the City Fiscal’c’ Office, the minors decided no to pursue the cave because come clsimed that thay wate more interested in pursuing their eduration and some darided to ba“7. thelr (our) office waskly but tien, as months passed by t “he ran away from them (us) 96 th: No, 12462 Page| reunited with Fomib: 62 the other minors were from Dagupan City.” (Ibid, page: Because the accused was ill 2 minor, he was placed “under the diversion program of the wency.” (Ibid, page 52) His mother and the barangay captain of Barangay Rarabusan, Laoag City, were appeintad as his guardians. During the first mont, the accused "was caligious 14 was Ho longer reporting to the office and his mother and guardian infouned them (us) thal he was na Inager staying at wsidence at Barangay Rataburan, Laguy City.” (Ibid, page 52) Then, “cepoits teached their (ow) offiie that Sandara was again doing his previods act wh ilopiig at the Tufivik: Disco and Cuckhouse Di 53) The DSWD then “conducléd surveillance if the reports coming (Wid, page in their (our) office were true ard that when they (we) conducted suiveillauce with the City PHP, they (we) fou pimping at the Cockhouse Disco.” (Ibid) At tt dara ceally house Disco, } were act able to talk with « him.” (Ibid) rg house Barangay 23, Laoag cataly School.” (Ibid) This was ia aber 2097. In the week long surveillance, they coordinated Khe Laoag City PNP and used assets to locate Sandara’s residence, On September 8, 2007, “they (we) conducted surveillance at the Cockhouse Disco and Infinite Disco and they (we) particularlyecision: vaso Grim, Case No. 134 found Sandara there but then, as he san away from them (us) then they (we) decided to conduct another surveillance the following ~ morning, that was already September 9, 2007 at about 10:00 in the momirig.” (Ibid, page 54) "The entrapment operation ayainst the accused on September 20076 involved police officers "AT COE, emp Cue, ean Atma 2c Tolman gee” (Ibid, page 57) They prepated F4,000.00, one P1,000,00 peso bill and six (6) °500.00 peso bills, (Exhibits “A;" “A+1” to “A-6") The amount of 4,000.00 was to be given to Sandara for him to distribute to the gids at 1,000.00 each and the remaining P2,000.00 will be Sandara's share, The DSWD provided P4,000.00 while “Police Officer Baatomy” through his initiative provided the remaining. 2,000.00, The "22,000.00 which wil be glven to Sandara and the money provided by “the PNP was “fake.” (Ibid, page 58) There were two (2) P1,000.00 : peso bil. ‘ 1 ‘) For the entrapment operation, ‘they: decided that Sandara should: provide four’ (4) alts, This, “Because previously they (we) have already a case lke this, same pimp Sandara wherein they (we) have only three (3) girls and’all of them decided not ta pursue the cas@ because of some personal 'reasans and then they (we) came to think that it might happen again'so:they (We) decided to come up with more than 3 girls." (Ibid, page 60) > Her participation In the entrapment operation was “To look Rafter the welfare of the minors’ rescued." (Ibid, page 59) There. “wete four (4) gifs involved in the entrapment operation, ‘Three (3) *< were minars while one was twenty-one (24) years old.C2) Decision Crim, Case No. 13462 Page 6 The three (3) minors were fs Vem Vel, mana Neem 2nd Cmmias Vim. That was the firs time that she met “the minors, The previous, complainants against sandara did not involve the three (3) minors. She “conducted counseling to them ‘and called up their parents and relatives informing the incidents and that they were assisted In filing the case." (Ibid, page G1) She assisted them during the investigation at the PNP police station, more “particularly in the preparation of theis sworn statements, (Exhibit “D") ; She also conducted. case study on the minors and submitted case study reports on the minors. (Exhibits "2;""«") In the case of the minor Consign Videmmmimr, she found out that Commmien Vide “comes from a broken family which might have trigger (sic) her to stow away from their house.” (Ibid,’ page 65) “she “Is a product of the first nuptial of her mother and now she Is living with her stepfather with 2 stepbrothers.” (Lbid)- Their house which is located at Barangay 1, Laoag City “is not conducive for living because x x (it) is made up of light materials or serap materlals, a “one-room affair made up of, light materials.” (Ibid, page 66) This is “the reason “hy Camm 'can not Stay long and comfortable (sic) in ‘their house.” (Ibid) She "had reached third year high school but did fat pursue higher edlucation due to poor parentage.” (Ibid, page 67) [She was then ‘employed as “a singer at the Coco Lobster at Fort y ‘ocaeala on a contractual, basis” (Ibid) and worked "at nighttime.” (Ibid) with those findings, the DSWD decided that “she would undergo vehabilitation, particularly emphasizing on value inculcation, corrected and cistorted attitudes and behavior and to develop a parent-child harmonious relationship.” (Ibid) However,Decision Crim. Case No. 13462 Page 8 defray some educational needs which the mother could haraly (give. They help their mother rear their growing step brothers Gic) and do household chores. However, ininors (sic) ite is 1 (sie) miserable in the house oF their step father (sic) because feversince (sic) they were not accepted at all. They were |" being embarrassed and maltreated all the times which | prompted Frances to stow away. Frances then stayed at the boarding house of her fiend carmina (sic) where she met andara.. From then on, Zandara started to pimp them. Frances disclosed that at first, she refused to accept the offer ‘due.to financial constraints, she was persuaded. VII. ‘ASSESSMENT: i ‘Minors (sic) tack parental guidance specially so when their mother had her second mariage. At first, they were obedient in their house rules and even help in augmenting family ‘income through selling of (sic) barbeque infront (sic) their house, However, a3 years go on, minors started to be \alsrespecthid and even come tome fate at night. She (sc) his was in bad company of friends to the extent of doing unpleasant things and could (sic) probably loss (sic) her selF- esteem.” (Exhibit "K’) ‘Her recommendation was that “Just like with Commim, that eed they should undergo rehabilitation goal emphasizing particularly on the distorted attitudes and behaviors.” (bid, page 69) ? the Matimm sisters “are religiously reporting to 2008, page 62) “At the police station, after the entrapment operation, she saw the accused. The accused “was then crying and asking for \ forgiveness.” (Ibid, page 69) He was asking forgiveness “Because Fei during his first case he underwent rehabilitation plan and that he promised nat to do the same offense but then he still goes on or : | fepeating the same offense.” (Ibid) The accused said to her: ut “Ma’amy, I'm sorry, 1 will nat do it anymore, majam. Sorry, L will not,Decision Crim.-Case No. 13462 1 Thave yen: you all doit anymore.” Ubi, pose the cHanels fur you Ls ui never gave portance to iL” 703 aK Colmieme, a member of the PNP, Laoag City, salon September 9, 2007, “they (we) conducted an Wrlent operation against a pimp, Jumme! Delima.” (TSN, June before the entrapment operation, The DSWD, Lacag City coordinated with the potice in the learmed that “he: was boarding in a house near the Gabaldon Elementary School.": (Ibid)..-The team in the entrapmen: operation “Meas: tomposed of four. (4) male civitan assets and police officers, camel 4) himself; pa) P02 Telmmaing Samm; 3) PO2 Remmbp Diag; 44) PO2 Jemmtianm MM. P02 TO Emme, P02 Iguana AMID onc POD Ramly Diag were “supposed to be the back-up team." (Ibid, page 14) The four-(4) male assets were supposed “to B ithe’ names of the four (4) male’ assets "Because they (we) only ‘contacted them at the time.” (Ibid, page 15) ‘ ia assets informed the police "that they were able to dc {ibidch lan aesers proceeded first and waited for Delima to arrive with “the! women x x x.” (Ibid) On the part of the police, “they (we) |posted themselves (ourselves) near the gate of the Paradise Inn.” © (ibid) e 5 } AS regards the consideration for the women, the assets were in PF given P4,000.00 to pay for the service of the women to be handed to the’ accused. No Me was the one who handed the P4,000.00 to the assets. fr ving the money to the assets, he “had to reflect it in the police’ officers who were mémbers of tha team, proceeded to the Paradise Inn, £ gate at.the northern part which is the gate of the former disco house where you-can also enter there.” (Ibid, page 18) The police entered the Paradise Inn through the main fate and positioned pselves at the “North of the Gate of the Paradise Inn.” (Ibid) As ' (eae. “the! assets, after they entered the gate, they went i. outward and they parked there.” (Ibid) Fs )| Theteatter, they "waited for Sendara to delver the women.” (tes | Then, “they (we) saw them arrive on board the tricycle and they entared the Paradise Disco (sc).” (Ibe, page 19)F Decision Crim, Case No. 13462 Page 11 ‘after several minutes “he (1) was miscalled) by one of the assets.” (Ibid, page 19) His “phone sang which mean (sic) tat the transaction has been concludéd." (bid) This was the pre-arranged signal that the operation was already concluded. Hence, he and the 4. other members of the police team “proceeded immediately where ‘uthéy’ were" (Ibid, page 20) which was “in front of the car of the te assets. * bid) : a One of the assets informed him “that he already hanced the f oney & 8 Sandata x x 50, he (1) arrested Sandaca, searched him and he @ was able to recover the money tflected in the police blotter.” (Ibid), He also identified the money bis based on ‘is initial ROB which were written "On the face of the bills at the lower right hand : corner” (Ibid, page 21) || Then, they brought the accused and the women to the police tation, They also Informed the DSWD that “they (we) already f rested Jummel Delima."” (Lbid, page 22) bi In relation to the entrapment operation, he and the other police ffcers executed a joint affidavit, (Exhibits “E;" *E-1") _ REP em, MeN cighteen (18) years old (when she testified 6n January 17, 2008) testified that she was born on October 22, 1999) CExhibt"H") She fiest met the accused in October 2006. Her friend Cemaiame \éamammm, another complainant in the instant case, intoduced the accused to her, The accused "was still a newspaper vender.” (TSN, | Jenuary 17, 2008, page 12) _, She, together with her (tiends Comma VA, Memmmitp acl he accused, stayed in the same boarding house, Her frends let theZllo Page 12 have (sic) companion.” (Ibid, page 13) At the me she was only boxteen (16) years old. She was slot living whh het parents because : she (1) stowed away.” (Ibid, page 14) Their boarding house was located ‘West of the Igksia Ni Cristo x 2 Lavag City.” (bid) The wae with them In the boarding house for “one (2) month.” J.) Tafter one (1) month, she and he fends asked the accused ta ied the boarding hous, This, ‘Because he has a sickness of kleptomania x x and when they Que) were helping him he was stealing something from them (us) x x x.” (Ibid) Some of the things stolen from them were “Their (our) clothes x x and theit (out) money.” (Ibid) After the accused left their boarding house, she saw him once, Nin the Cockhouse.” (Ibid, page 15) Cackhouse is a bat.” (Ibid) 16 [On September 9, 2007, lie received a Lefephone call flava te Becused, Cammmmgave her cellphone number ty Us acuscch The iugecl told, her."to proceed to Gabaldon aul Lake Use elothes that a le siok fiom them (us. (Ibid, page 16) The accused ys efering Jabaldan Elementary School located "Alowy Vintar Road.” (Ibid) tthe tinte, she was with her younger sister FlamINmE: Malm and they "were about to yo tothe grocery.” (Ibid, page 17) She and her younger sister then took a tricycle and proceeded to Gabaldon Elementary School, i [When she and her younger sister Fi MB reached " Gabaldon Elementary School, the accused "asked there (us)'to allght E rq the tri then he flagged down anather tricycle and sh fe them (us) te board on the tricycle.” (Ibid, page 17)Crim. Case No, 13462 Aside from her and her younger sister, mp Gum, Cmmiaay “Vitam and the accused, boarded the tricycle flagged down by the cused. The accused sat at the back of the wicycle drives, her yeunger sister sat at the center scat, Gamma sat near the entrance yf the tricycle, Jammy sat on the floor and she sat “inside the bicycle.” {tbl age 12) Seam Cason 2nd Comm mma er with the % accused ‘when she and har yonger sister reached Gubaldon | lementary School The accused told them that *they (ive) wouk! go Somewhere.” (Ibid, paye 18) : After all of them boarded the tricycle, uhe accused told the reyele diver “Paradise Hoel” (Ibid) When they reached the patking area of Paradise Hotel, the sised I) She and the others "were still in =" (Tbid, page 19) She did not know the man with whom accused was talking. The man was with “Fair Complexion, tall | After the accused talked to the man, the accused "asked them “(us) to alight.” (Lbido © When they alighted from the tricycle, “thay (Wwe) saw that he _ (the man who talked to him) gave money to Sandara.” (Ibid) The man and Sandara were about five (5) meters away fram them when the saw the ‘man giving money to Sandara. Then, Sandara “came to ave then, us the money and told them (us) that'we wil go with theif” (ibid) ve them (u3) P1,000.00" each, (Ibid, page 20) Aft Giving them 1,000.00 each, she: saw that “alist was left with, ex were four (4) bills ia $00 paso denomiyations." (Ibid, page "He put the morwy “a his yuchet.” (ibid)Crim, Case No. 13462 Page 14 | When Sarda tol er and the other three (3) gis" 99 th nef (IDI) he was refering to four (4) male persons inside the car Gnd seemed like he pimped for them (us).” (ibid, page 23) ie ‘After “Sandara gave them (us) the money and put the other i money In his pocket, that was the time that they (police) handcuffed him." (Ibid) They learned that those who handcuffed Sandara were ‘policemen when the policemen told them after “they already handcuffed him." (Ibid) 1's Lane person with whom Sandara was talking near the entrance | of the hotel “et them (us) board a car" (Ibid) They “felt nervous.” 1, page 23), Ths, because “they (we) seamed tke hurts.” i) “They, were wortied of what their mother would tell them, i cp Wl Litter bad words to them (us) why they (we) did that x bid) “They proceeded to the police station, At the police station, she executed a sworn statement.: (Exhibit “), She was assisted by "Ma'am Joan x x from OSWO." ({bid, page #995) , | game adm fourteen (14) years old (when she testified on : 2 Bebruary 14, 2008),- testified that she was born on December 7, 'foo3. Exhioit"G") ‘| she corroborated’ the testimony. of her colder, sister Fiammmmmm ” Malem on the events that transpired immediately before they proceeded to ‘paradise Inn on September 9, 2007, “She further testifled that when they reached the Paradise ton, “they proceeded tothe parking area, When they were at the parking ‘area, A man came near Sandara and they moved away from them '(Us)iand they talked.” (TSN, February 14, 2008, page 29) While Kycrim. C Se No. 1346: Page 15” nal Ho i Sandaia was talking to the man she (2) went at the side and moved F way from them.” (Ibid) Thereafter, "Sandara handed them (us) money." (Ibid) Sandara handed her twa (2) 500.00 bills. She uid not lke to receive the money "Because I did not Know that he was pimping us x x (The iegs Used the words indugaw ma kann). (Ibid) Sandara “forced jive them (us) the money and when she (1) éeceived the money, “Ineediataly, spinebody hanelcuffed him.” (Ibid) The Uuee (3) other ae airs cluding her sister were also given P1,000.00 each. Before _ fe pepipmbe 9, 2007, she alieady knew Comm Vidmmmimc. She is a Wiof her sister. As tegatds Jammy, Uhat’ was the fist time that thet her. #° She Loew the wason why the accused was giving money’ to tiem, This, because "When Sanda was handing the money to them Commmm& had already clusen a man whora she would be dating cf she <1) has (have) her (ony) instinct that he was pimping us.” De Page 30) Cemmmmwas refering to "Balolong’” (Ibid, page 34) hho was then going dawn from the stairs when they were at the paiking area, the | policemen handcuffed the accused. They identified policemen when they were all side the car, “They proceeded io tie police station, ‘She “felt nervous and lve (1) was about to.cry." (Ibid, page 32) |This, because “that was “et (aty) first time to be brought there.” + Gb) Bi!" She "felt aunty” Ibid) with the accused, This, “Because -he 3 ted them (us) that is (sic) the reason why she (1) was broughtGrim, Case No, 13462 Page 16 © The policemen took the money which the accused gave them. ey took P1,000.00 each from them, They also took 2,000.00 » the accused, The money was “his share in pimping them (us).” d, page 33) : In, telation ‘to the Incident, she executed a sworn statement. Exhibit "C") bel i ‘pen ‘the accused handed the money to her, the accused said a ke, ‘and go.” (Ibid, ‘page 34) The accused meant "In exchange the money was to have sex with other man” (bid) || Comm. Jum 8. Vilmmnr, seventeen (17) years off (aen she testified ‘on May. 22, 2008), testified that she was sixteen (16) yess old on ‘September 9, 2007, .She turned seventaen (17) years id on March ‘10, 2008. o i Sk, May 22, 2008, page 3) i September 9, 2007, she was at the place of the accused at». patanay | aoag City. This, ‘because "they (we) went for a, Feiimick” that night, then she @ slept at their place.” (Ibid) She | At about 10:00 AM, the following day, September 9, 2007, “Sandara woke her (ima) up and he told her (me) to change her (Ibid) He told her that “they (we).wauld. be going to dise rin, where xx they (we) would see his.friend who checked inthe,” (Ibid, page 4) She agreed. ed E11 Thereafter, ‘they (we) went out." ; (Ibid) The accused, textedCrim. Case No. 13462 Page 17 the sore” (abi) The store is near the boarding house of the ‘When hey reached Paradise Inn they (we) sighted from the ““pieycle x x and Sandara went to the other cide of the parking area.” (bid). He talked to a man but “they (we) wae nok ale Lo uae Ke diwney 1 Junmnel 4 belima’ { (Ibid, page 7): The accused and the wan Siler side." (Ibid) ‘They|could see ther end “they (oe) ere near Moo) bthes. (Ibid ith: eater, the avcused "was holding monay x x x." (Ibid, ej0) Me gave money to. "emmy Come, Fame Maia Ramm Mem Ramp and she (1)." (Ibid) She was given a “One “Thousand (P1,000.00) peso till” (Ibid) ‘The accused told her that the money was “To have sex with the man.” (Ibid) i _ hens the police arrived. The alee apprehended them (us)." (8, page 8) ii hia ‘elation te! the incident, she’ executed a swarn statement. {exis By BLY oh sini 7 “Jon. cross-examination and wher! she was confronted with her statement to the effect that'it was only at'the police station “wed ‘they learned that the money was in exchange for them having ‘uth aman, she testified that “When we were about to go there, ‘am, he did not tell us but when we were there already that was he time he told us.” (Ibid, page 9) wie at theCrim, Case No. 13462 ape | The accused denied the crime charged against him.’ He was jone witness for the defense. | ‘The defense evidence can be summarized 25 follows: ! The ‘accused, nineteen (19) years old (when fe testified: on im; (me) to be her laundryman and-at the same time she wil : dmipensate him (me).”. (ibid, page 39) : At the time, Compan Vélemmmier was with him in, the boarding como Js a friend of Jqgg—. He has known Commmammthrough. | comes iin‘the'boarding house because “she told him (me). (Ibid, page 40) She was sleepin in-the morning of September 9, 2007 when (4). men antved jasthe boarding house. The owner of the é bpaiding house woke hin ups | she da riot Kray the four,(4);men. The men Yasketd him (me) He, answered “what gts?” ‘ it to. the men because | Tam ‘going to leon,” " abid) [E> He mas nat wate if Ca Ad Jena know the men. He did + not know about the: conversation between ‘Cems and Jegmp on one hand and the four (4) men on the other hand. He "was sweeping theDecision Crim, Case No. 13462 Page 19 Hi: Then, Comma 2nd Jemmp “told him (me) to go with them jamming.” (Ibid) He did not know the term “jamming,” (Ibid) ¢ Cosmin and Jemmy “instructed him (me) to text the sisters ie bedause they had no load at that lime so they pass (sic) to him (me) the number of Fagus and then he (I) texted them that Cagaaiae and (sic) were inviting them to go with them (us)." (ibid) The sisters" were Flamm anc Fema Meme Malm He did not know de asked him (me) to text them." (TSN, May 14, 2009, page 48) 1 When the sisters arrived, "“Caaaaian and Jammp asked him (me) to go with them.” (Ibid). They told tim “that they (we) will go somewhere and he (1) asked them where we were going?" (ibid) They seid that “they (we) ‘will just have jamming that is why he (1) ‘went with them." (Ibid) 1 “They went to Paradise Hatel, Wen they were already at the Paradise Hotel, “Camaniam went [lita talk wth the men." (1b, page 46) He did aot tear anything Hy pout ‘the: ‘conversation "because it was: very noisy in that place,” anawered him (me) money." (bid) He “went to get it.” (Ibid) He did not know what was the «honey for. I i » He was able to get the money from the man, He did not ask "the mén what was the money for because "Camm just asked hierybas then when the pole arrives” (Ibid, page 47) , He Matter giving the money to Cammimm, “that was the time that he , ()) was handcuffed.” (bid) i Theater, the poke “brought him (ne) aright o the police 5 isp the schicren abi) The police "moved him (me) away airs (bid) {NO e denied that he plmped the glrls and then the police cut his id Chidven, stable! ing the ie Institutional Mechanisms for eam ‘Support of Trafficked Persons, Providing: Penalties peer: and for Other) iy 3 thereof ‘states: i see Be Deftition of terms. — As used in this Acts * fy Trafficking in Persons ~ refers to the recruitment, || fensportation, rans or ‘harboring, or receiot. of V persons , with or without: the victim's. consent. or “| knowledge, within ar across national borders by means of stl} threat. or use of ‘force, or. ‘other forms oF coercion, eduction... fraud, deception,’ abuse of power or of position, taking advantage of the- vulnerability of the Person, or; the giving or’ receiving of payments or” benetits to achieve the consent of a person having contrat byer another peson for tie purpose of exploitation whitctt includes at @ minimum, the exploitation or the prostitution of others or! other forms: of sékual exploitation, forced ‘bor or servicgs, slavery, servitude or the removal or saletion, 4, harboring oF cpose or exportation shalt also ns’ even if it does not ja the preceding eet ttt ANS The 2 recerpt of 3 child for ne he consciered as ‘talvicking im Person pany of the means set forth | pafers to 2 person below eighteen (16) years of age or one who is over eighteen (18) but 15 unable to fully take care of or provect ‘humselifnerself from abuse, neglect, cruelty, exploitation, or discrimination because of «a physical or mental disabilty ar conaition. (OF refers to any act, transaction, scheme or design involving the use of a person by another, for ~ sevual intercourse oF lascivious concct in exchange for fnoney, profit or any ather consideration. . XXX NRX (a) | Whenithe trafficked persons @ child; XXX Has the prosecution € alged against the accusedh i, __ As ead be leaned from | ee uy {coordination with the PNP, eqtrapment operation; oe 3D, Laoag Cir, by, ite of imping minors, was, filed with the, Prosect secution evidence, the DSWD © ,lecas Norte, conducted afCrim, Case No. 13462 tng “ae DSWD and later on was reported again to have 1ed pimping minors: the four (4) complainants herein, vee (3) ‘of whom were minors ont September 9, 2007 when the extrapment operation was oduct against the dccused were never inwolved i an earlier iar case against the accused, “1 The DSWD. provided 4,000.00 while the police provided 2 |p. (00 ta be used during the entrapment operation. The amount ef fA 000,00 was for-the four (4) women wher were suppased to be ed by four (4) evil assets at P1,000.00 for each woman and : bf P2,000.00) was: supposed to be the share of the the fecused without therm Keo) the’ real miotve of the accused, in shot, they were deceived by:theaccsee on the veal purpose of iis sregardy, she. testified «thatthe? accused was vhersformer plan wa boarding house. whensshe sted. away. from theleDecision Crim. Case No, 13462 Page 23 by her sister Femme Masi On the pact of Comm VMN Wino was with the accused at his boarding house, the accused told her that “they (we) would be _ golag to Paradise Ina, where x x they (we) would see is friend who " checked in there.” (Ibid) Further, she testified that there was a man h ho went to the boarding house and that the man talked to the _acclsed, This man was also with them but he baarded. another treyele In going to Paradise Inn, 1 The testimony of Comma Véiemmmmmm on the presence of a man ho went to the boarding house of the accused on September 9, | 2007 before she and the complainants went to Paradise Inn and talked to the accused, jibes with the testimony of prosecution witness: SPO3 Re Saigigge that their civilian assets went to the boarding house of the accused to order women. EE]. the minor complainants further testified that when they “reached Paradise Inn, the accused talked to a man who gave him “Money. Wren he returned to them, the accused gave them “1,000.00 each, In this cegard, Foam Maman Malem testified that ‘ ie the accused was aiving them the money, the accused "told fem (us) that we will go with: them." (Ibid) . The accused: was _teferring to four (4) male persons inside the) car, Fiemme MD testified that at first, she did not want to receive the money but the accused forced her. Commi Valenmuer testified that the accused told him that the. money was "To have sex with the man.” (Ibid) This, after they were already at the Paradise Inn, | Thereafter, Fama Mesim Mel saw that what was left with the accused was the amount of P2,000.00 which he put in his hipetison | Crim, Case No, 13462 Page 24 ‘At this intr, men wiho turned to be policemen handcuffed the cused took the P2,000.00 from the accused as well as the 1,000,0 each given to the complainants prosecution witness RE! Pelaiamy testified thet he and the members of the team involved in the entrapment operation inst the accused went to Paradise Inn to wait for the accused “to elves the women,” (Ibid) They saw the accused arrive on board a fter ‘a few minutes, he received a miscall from one of the ean which was the pre-arranged signal that the transaction was i aed: oncluded, ‘That was the time that the police proceeded eyventey to thet glace which was in front of the ar of the Eaete® "biay He was informed by one of the assets “that he already handed the money to Sandara x x x 50, he (i) arrested - Sanders, searched him and he (1) was able to recover the money pow that the accused took advantage of the vulnerability more particularly the — minor complainants, * sociat Welfare, Officer Jam Page of the DSWD, “Laoag, City, testified that minor Commima Vidar COMES from a i *boken family and lives with her stepfather and twa (2) stepbrothers y ia "ahouse “not conclusive for living x x because ((t) is made up of | light materials or scarp materials, a one-room affair mace up of light 1 pumaterals,” (Ibid) This is the reason "why Camm can not stay fong nd. ‘comfortable in their house.” (Ibid) AS a matter. of fact, theCrim, Case No. 13462 iscovered that they live in the family house of the live-in! 4 partner of thelr widowed moches. They not accepted by the family of the live-in partner of their mother and wele maltreated Which prompted Famgamp Masi to stow away, (The accused, as lone witness for the fore, inlercosed the defence of denial. He adimitied that there were four (9) me who gilt (ibid i, he answered them “what gis?" (Ibid) And Command jc) weld the ones who talked to the men and that thereafter, and Jasmy.“told him (me) to go with them jamming.” (Ibid) iH ' He’ also: denied knowing the Malmp sisters before the incident. jet he admitted texting the sisters using his cellphone. 1 inally, he denied taking to a man while in the Paradise Inn, He pointed to Commu as the one who talked to men after which Commune asked him to get money from them. And when he was able get the money from the men, policemen arrived, Finally, after giving the money to Cuma, “that was the time that he (1) was iHandeuffe. " (ibid) ‘ [Against the overwhelming evidence of the prosecution, the | : derials Of the accused crumble, The uncorraborated denials of nl hei: house and “asked him (me) do you hexCrim, Case No, 13462 aa t ie Tn gum, the accused through fraud and deception taking advantage of the vulnerability of the private complainants, mare. A Particularly the minor complainants and giving them payments to i | we ce, the Court hereby finds JUMMEL. Cen TRELLON @ Sandara,. the accused herein, Gutury “BEYOND! 50 ORDERED. e in Done in the ity of Laoag, this 6° ay of August, 2003, . PERLA B/QUERU Judge