People vs. Rodriguez (2017)

PEOPLE OF THE PHILIPPINES vs. WILLINGTON RODRIGUEZ

G.R. No. 211721, September 20, 2017

MARTIRES, J.:

Facts: The evidence for the prosecution is anchored solely on the testimony of Police Officer I Escober alleging that at around 11:00 P.M .PO1 Escober was at the police station preparing for the police operation called Oplan Bugaw for the purpose of eliminating prostitution on Quezon Avenue. PO1 Escober, designated to pose as customer, was accompanied by P02 Bereber as his backup, and P/lnsp. Lopez. While parking their vehicles at the target area, PO1 Escober was flagged down by Rodriguez who allegedly offered the sexual services of three (3) pickup girls. PO1 Escober readily gave Rodriguez the pre-marked ₱500.00 bill as payment. This signaled his backup to enter the scene and aid in the arrest. PO1 Escober then retrieved the pre-marked bill. Thereafter, the officers brought Rodriguez and the three (3) pickup girls to the police station.

In his defense, Rodriguez denied that he had offered a girl for sexual purposes to PO1 Escober.

Issue: Whether or not appellant is guilty of qualified trafficking in persons.

Ruling: No. Section 3(a)29 provides the elements of trafficking in persons: (1) the recruitment, transportation, transfer or harboring, or receipts of persons with or without the victim's consent or knowledge, within or across national borders; (2) the means used which include "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; and (3) the purpose of trafficking is exploitation which includes "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.

In the instant case, only PO1 Escober testified as to the actual unfolding of circumstances which led him to believe that Rodriguez was committing human trafficking. The prosecution did not bother to present the testimonies of the alleged victims. Their testimonies that they were sexually exploited against their will through force, threat or other means of coercion are material to the cause of the prosecution.

Ratio Decidendi: The gravamen of the crime of human trafficking is not so much the offer of a woman or child; it is the act of recruiting or using, with or without consent, a fellow human being for sexual exploitation.

Gist: This is an appeal assailing from the Decision of the CA, which affirmed appellant’s conviction for qualified trafficking in persons, in violation of Republic Act No. 9208, otherwise known as the Anti-Trafficking in Persons Act of 2003.