G.R. No. 220461 , August 24, 2016
The People of the Philippines, Plaintiff-Appellee, vs. Spouses Primo C. Ybañez and Nila S. Ybañez, Maris Q. Reyos, and Michelle T. Huat, Accused-Appellants.

FACTS

An Information was filed charging the accused-appellants with Qualified Trafficking in Persons. The prosecution alleged that from March 2005 until February 15, 2007, in Taguig City, the accused, in conspiracy, recruited, received, harbored, and employed Angeline A. Bonete, Kate M. Turado, Virgie C. Antonio, and Jenny S. Poco for prostitution and sexual exploitation under the pretext of employment as Guest Relations Officers (GROs) at Kiray Bar and KTV Club Restaurant, owned by the Spouses Ybañez. The crime was qualified by the minority of victims Bonete (15) and Antonio (17), and by being committed by a syndicate and in large scale.
The prosecution presented victims Bonete, Antonio, and Turado. Bonete testified she began working as a GRO at Kiray in May 2006 at age 15, and on her second night, a customer brought her to a “Super VIP” room where they had sexual intercourse, after which accused Nila Ybañez paid her ₱300. Antonio testified she was hired in June 2006 at age 16, and on her third night, a customer paid the cashier to bring her to the Super VIP room for sexual intercourse, for which she received ₱300. Turado testified she was invited to work at Kiray in March 2005, where she was told she would earn commissions for sexual services in the Super VIP room. A psychological evaluation found Turado to be functioning within a mildly retarded level and incapable of protecting herself.
NBI Special Investigator Marfil Baso testified that on February 15, 2007, based on a report, a team conducted a raid at Kiray. Posing as customers, they were offered by accused Reyos and Huat to be brought to the Super VIP rooms where they could do whatever they wanted with the girls for an additional payment. Baso paid ₱3,000 to Reyos and Huat, signaling the raid. Forensic analysis confirmed fluorescent powder from marked money was found on the hands of Reyos and Huat.
The defense, presented by Nila Ybañez, claimed Kiray was a legitimate business with rules prohibiting indecent conduct, and alleged the NBI agents became angry when refused a “take-out” request.
The Regional Trial Court found all accused guilty of Qualified Trafficking in Persons and sentenced them to life imprisonment and a ₱2,000,000 fine each. The Court of Appeals affirmed the RTC decision. During the appeal to the Supreme Court, the Spouses Ybañez died, leading to the dismissal of the case as to them.

ISSUE

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

RULING

Yes, the Court of Appeals correctly affirmed the conviction, with modification regarding the interest rate. The Supreme Court dismissed the appeal and affirmed the CA decision with respect to the surviving accused-appellants, Mariz Q. Reyos and Michelle T. Huat.
The Court held that the prosecution proved the guilt of the accused beyond reasonable doubt for Qualified Trafficking in Persons under Republic Act No. 9208 (The Anti-Trafficking in Persons Act of 2003). The crime involves the recruitment, transportation, or harboring of persons for exploitation, including sexual exploitation or prostitution. The offense becomes qualified when the trafficked person is a child (below 18) or a person over 18 who is unable to fully protect themselves due to a physical or mental condition.
The evidence established that: (1) Bonete and Antonio were minors (15 and 16, respectively) when hired and exploited for prostitution; (2) Turado, though over 18, was mentally incapable of protecting herself from exploitation; (3) the accused-appellants recruited and employed the victims as GROs with the actual purpose of compelling them to provide sexual services to customers for a commission; (4) the establishment had specific rooms (VIP and Super VIP) designed for sexual acts; and (5) during the NBI operation, accused Reyos and Huat directly offered sexual services and received payment for them.
The defense of legitimate business was rejected. The posted rules prohibiting indecent acts were deemed meaningless as the prohibited acts were tolerated and formed the core of the business. The factual findings of the lower courts, which found the testimonies of the victims and the NBI agent credible, were upheld.
The case against the Spouses Ybañez was dismissed due to their death. Accused-appellants Reyos and Huat were found guilty beyond reasonable doubt of Qualified Trafficking in Persons. They were sentenced to suffer the penalty of life imprisonment and ordered to each pay a fine of ₱2,000,000.00 and the costs, with interest at 6% per annum from the finality of the decision until fully paid.