SC: Threats, force not needed to prove child trafficking, exploitation
MANILA, Philippines — Cases of sexual exploitation or trafficking of children can be established without needing proof of threats, force, or coercion, the Supreme Court has ruled.
The ruling was made through a decision written by Senior Associate Justice Marvic Leonon after upholding the conviction of Jhona Galeseo Villaria and Lourdes Aralar Maghirang in a case of qualified trafficking in persons.
The case stemmed from an incident where both accused were found offering to provide girls aged 14 to 18 with a birthday party, charging P1,000 for three hours and P3,000 for an overnight stay.
During the trial, the victims revealed that the accused had enticed them to attend a party and perform sexual acts in exchange for money.
Villaria and Maghirang were found guilty by the Regional Trial Court and the Court of Appeals beyond reasonable doubt of qualified trafficking in persons under Republic Act No. (RA) 9208, or the Anti-Trafficking in Persons Act of 2003.
However, the accused elevated their case to the SC, arguing that the prosecution failed to prove they threatened, forced, or coerced the minors into prostitution.
Article continues after this advertisementIn response, the SC clarified that “under Section 3 (a) of the law, recruiting a child for sexual exploitation is enough to establish trafficking, regardless of whether threats, force, coercion, or deception were used.”
Article continues after this advertisement“Here, the accused recruited minors and offered for them [to provide] sexual activities in exchange for money,” the SC Information Office said in a statement.
“They took advantage of the victims’ youth and financial struggles to gain their consent,” it added.
With this, both accused were sentenced to life imprisonment, fined P16 million, and ordered to pay each of the victims P600,000 in damages.
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