G.R. No. 237697 , July 15, 2020
People of the Philippines, Plaintiff-Appellee, vs. Emma Leocadio y Salazar and Sherryl Leocadio y Salazar, Accused-Appellants.

FACTS

Accused-appellants Emma Leocadio and Sherryl Leocadio were charged with Qualified Trafficking in Persons under Republic Act No. 9208 . The Information alleged that on or about August 5, 2011, in Cebu City, they recruited, transported, and received twelve minors and one 18-year-old from Bohol, transporting them to Cebu en route to Angeles, Pampanga to work in an internet cafe for cybersex. The qualifying circumstances were that the trafficking was committed in large scale (more than three persons) and the trafficked persons were minors.
The prosecution presented witnesses, including four of the victims (CCC, DDD, AAA, and BBB) and a police officer. Their testimonies established that accused-appellants recruited the girls from island barangays in Getafe, Bohol, by offering work in an internet cafe. Emma gave cash advances to some of the girls’ parents, deductible from their salaries. The victims were transported from Bohol to Cebu City. While in Cebu, Emma informed some victims that their work involved stripping and following a foreigner’s instructions via internet. Accused-appellants attempted to board the victims on a ferry to Manila, providing tickets with falsified ages. They were intercepted at Pier 4 in Cebu City by maritime police after a security guard reported them herding minors. Accused-appellants failed to present required travel documents for minors. The victims were taken into custody by the Department of Social Welfare and Development.
The defense claimed the victims were traveling to Pampanga to work in a legitimate internet cafe, with parental consent, and denied any intent for cybersex.
The Regional Trial Court found accused-appellants guilty. The Court of Appeals affirmed the conviction but modified the penalty.

ISSUE

Whether the Court of Appeals correctly affirmed accused-appellants’ conviction for Qualified Trafficking in Persons.

RULING

Yes, the Supreme Court affirmed the conviction. All elements of Qualified Trafficking in Persons under RA 9208 were proven beyond reasonable doubt: (1) the acts of recruitment, transportation, and receipt of persons; (2) the means used, such as taking advantage of vulnerability and giving payments to obtain consent; and (3) the purpose of exploitation, which is cybersex or sexual exploitation. The victims’ credible testimonies, corroborated by the police officer, established that accused-appellants recruited them for cybersex activities, not legitimate internet cafe work. The large-scale qualification was met as more than three persons were trafficked, and the victims were minors. The defense of legitimate job placement was rejected.
The Supreme Court modified the penalty. Applying RA 9346, which prohibits the death penalty, the proper penalty is reclusion perpetua without eligibility for parole. The Court also affirmed the award of moral and exemplary damages to each victim, with interest.