G.R. No. 215324 , December 05, 2019
People of the Philippines, Plaintiff-Appellee, vs. Jackie Maycabalong and Dave Pasilan, Accused-Appellants.

FACTS

Accused-appellants Jackie Maycabalong and Dave Pasilan were charged with violating Section 4(a) and (e) in relation to Section 6(c) of Republic Act No. 9208 (Anti-Trafficking in Persons Act of 2003) for allegedly recruiting, maintaining, and/or hiring four women (AAA, BBB, CCC, and DDD) to engage in prostitution and pornography on or about June 18, 2009, in Cebu City. The Regional Anti-Human Trafficking Task Force of Region 7, acting on a tip, conducted surveillance and observed accused-appellants habitually approaching vehicles and later returning with girls who would board the vehicles. An entrapment operation was planned. On June 18, 2009, police decoy SPO3 Raul Sabaldan, posing as a customer, negotiated with accused-appellants at Baseline Bar and Restaurant. Accused-appellants later fetched DDD and AAA from a lodging house and picked up BBB and CCC along the street, informing DDD that the payment for their services would be P700, with P400 going to DDD and the rest to accused-appellants. At the rendezvous, SPO3 Sabaldan chose DDD and AAA and gave accused-appellant Pasilan marked money totaling P2,100. Upon the pre-arranged signal, accused-appellants were arrested. Ultraviolet examination confirmed the presence of powder on their hands. The defense claimed they were merely escorting AAA and were unexpectedly arrested.

ISSUE

Whether the guilt of accused-appellants for violation of Section 4(a) and (e) in relation to Section 6(c) of R.A. No. 9208 has been proven beyond reasonable doubt.

RULING

Yes. The Supreme Court affirmed the conviction with modification. The prosecution proved all elements of trafficking in persons: (1) the act of recruitment, transportation, transfer, or harboring; (2) the means, which included deception and abuse of the victims’ vulnerability; and (3) the purpose of exploitation, specifically sexual exploitation or prostitution. The testimonies of the victims and the police officers, corroborated by the entrapment operation and physical evidence, established accused-appellants’ guilt beyond reasonable doubt. The Court modified the damages awarded. Accused-appellants are sentenced to life imprisonment and a fine of P2,000,000.00. They are further ordered to pay each victim P500,000.00 as moral damages and P100,000.00 as exemplary damages, with interest at 6% per annum from the finality of the decision until full satisfaction.