People vs. Aguirre, et al. (2017)

PEOPLE OF THE PHILIPPINES vs. JHELSON AGUIRRE, MICHAEL ARRABIT & JEFFERSON PARALEJAS

G.R. No. 219952, November 20, 2017 

TIJAM, J.:

Facts: Accused-appellants and accused Jeffrey Roxas were charged with Qualified Trafficking in Persons under Republic Act No. (RA) 9208, in relation to violation of RA 7610, for recruiting, transporting, harboring, providing or receiving, in conspiracy with one another, ten girls, including seven minors, for purposes of prostitution and sexual exploitation. Private complainants testified that they were convinced by accused-appellants to go swimming and drinking, and to have sex, with foreigners in exchange for money and/or shabu.

Testifying for their own defense, accused-appellants and Roxas denied the charge. They claimed that they were each simply invited to a swimming and drinking party.

The RTC convicted accused-appellants of the crime of Qualified Trafficking in Persons and sentenced each of them to suffer the penalty of life imprisonment and to pay the fine of ₱2 million, with subsidiary imprisonment in case of insolvency.

Issue: Whether or not RTC’s imposition of subsidiary imprisonment in case of non-payment of the fine is proper.

Ruling: No, the imposition is not proper. Under paragraph 3, Article 39 of the Revised Penal Code, it provides that “when the principal penalty imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit. Since accused-appellants were each sentenced to life imprisonment, the RTC's imposition of subsidiary imprisonment in case of non-payment of the fine, as affirmed by the CA, is improper.

Ratio Decidendi: A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents than those expressly authorized thereby.

Gist: This is an appeal from the Decision of the Court of, which affirmed the conviction of accused-appellants Jehlson Aguirre, Michael Arabit and Jefferson Paralejas y Pigtain for the crime of Qualified Trafficking in Persons, as rendered by the Regional Trial Court  of Quezon City, Branch 106.