G.R. No. 223042 & 223769. July 06, 2022.
CANDY A.K.A. BABY/JILLIAN MURING FERRER, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT. [and] DHAYME JAMUAD (A.K.A. NIKKI MURING FERRER) AND CANDY A.K.A. BABY/JILLIAN MURING FERRER, PETITIONERS, VS. COURT OF APPEALS AND PEOPLE OF THE PHILIPPINES, RESPONDENTS.

FACTS

Petitioners Candy a.k.a. Baby/Jillian Muring Ferrer and Dhayme Jamuad a.k.a. Nikki Muring Ferrer were charged with Qualified Trafficking in Persons under Republic Act No. 9208 (Anti-Trafficking in Persons Act of 2003). The Information alleged that in November 2008, in Cebu City, they conspired to recruit, transport, and maintain for prostitution, pornography, or sexual exploitation eight females and one male, seven of whom were children (minors). The prosecution presented the testimonies of three minor victims: AAA (16 years old), BBB (17 years old), and CCC (15 years old). They testified that petitioners recruited them in Cagayan de Oro City to work as dancers in Cebu, paid for their boat tickets, and during the voyage, oriented them that their work would involve dancing and that customers could pay a “bar fine” to have sex with them. Petitioners also instructed them to tell authorities they were going to Cebu for a vacation. Upon arrival at the Cebu pier, they were intercepted by police officers. Petitioners denied the charges, claiming they were also prostitutes and that the victims merely asked to accompany them to Cebu for better work opportunities, with an agreement to reimburse their fares. The Regional Trial Court convicted petitioners of qualified trafficking and sentenced them to life imprisonment and a fine of Two Million Pesos. The Court of Appeals affirmed the conviction but modified the decision to award moral and exemplary damages to the complainants. Petitioners elevated the case to the Supreme Court, with Candy filing a petition for review on certiorari (Rule 45) and Nikki filing a petition for certiorari (Rule 65).

ISSUE

Whether the Court of Appeals erred in affirming petitioners’ conviction for Qualified Trafficking in Persons under Section 4(a) in relation to Sections 6(a) and (c) of R.A. No. 9208 .

RULING

The Supreme Court DENIED the petitions and AFFIRMED the convictions with MODIFICATIONS. The Court held that all elements of trafficking under Section 3(a) of R.A. No. 9208 were proven: (1) the acts of recruitment, transportation, and maintenance; (2) the means employed, such as deception and abuse of vulnerability; and (3) the purpose of exploitation, which includes prostitution and sexual exploitation. The credible and consistent testimonies of the minor victims established that petitioners recruited and transported them to Cebu for the purpose of prostitution. The defense of denial could not prevail over the positive identification by the victims. The crime was qualified under Section 6(a) because the trafficked persons were children, and under Section 6(c) because it was committed in a large scale (involving three or more persons). The Court rejected the argument that the acts constituted only attempted trafficking, noting that the offense was consummated upon the performance of the acts of recruitment and transportation for the purpose of exploitation. The Court modified the damages awarded, ordering each petitioner to pay each of the three minor victims P500,000.00 as moral damages and P100,000.00 as exemplary damages, with legal interest. The penalties of life imprisonment and a fine of P2,000,000.00 for each petitioner were sustained.