G.R. No. 260823 . June 26, 2023.
People of the Philippines, plaintiff-appellee, vs. Rizalina Janario Gumba a.k.a. “Mommy Riza” and Gloria Bueno Rellama a.k.a. “Mommy Glo,” accused-appellants.

FACTS

Accused-appellants Rizalina Janario Gumba and Gloria Bueno Rellama were floor managers of a bar in Cavite. Following a tip about prostitution, a police surveillance operation was conducted on October 10, 2014. PO3 Christopher Artuz, acting as an undercover customer, was offered young girls for sexual intercourse for a fee by Gumba and Rellama. An entrapment operation was set for October 22, 2014, where PO3 Artuz contacted Gumba to request fifteen girls for a party. Gumba and Rellama brought eight girls, including minors AAA and BBB (both 15 years old), to a meeting point. During the trip to the supposed party venue, Gumba alighted to buy and distribute condoms to all the girls and increased the price per girl from PHP 1,500 to PHP 2,000. PO3 Artuz gave marked money to Gumba, who distributed it to the girls. Upon giving the pre-arranged signal, the entrapment team arrested Gumba and Rellama and recovered the marked money. The prosecution presented the testimonies of PO3 Artuz, the minors AAA and BBB, and their certificates of live birth. AAA and BBB identified the accused as their pimps who had been offering them to customers for paid sex. The defense claimed they were only providing entertainers for a party and denied receiving the marked money, alleging instigation by the police.

ISSUE

Whether the accused-appellants are guilty beyond reasonable doubt of qualified trafficking in persons under Republic Act No. 9208 , as amended.

RULING

Yes. The Supreme Court affirmed the conviction. All elements of qualified trafficking were established: (1) the act of offering and transporting persons; (2) the means employed, which was taking advantage of the victims’ vulnerability as minors; (3) the purpose of prostitution; and (4) the fact that the victims, AAA and BBB, were below 18 years old. The crime is consummated at the moment of transaction and recruitment for the purpose of prostitution, and it is not necessary that sexual intercourse actually took place. The defense of denial cannot prevail over the positive and categorical testimonies of the victims. The operation was a valid entrapment, not instigation, as the police merely provided an opportunity for the accused to commit the crime they were already engaged in. The Court of Appeals’ decision affirming the Regional Trial Court’s judgment was upheld. The accused-appellants were sentenced to life imprisonment and a fine of Two Million Pesos (PHP 2,000,000.00) each, without eligibility for parole.