G.R. No. 263264, July 31, 2023
People of the Philippines, Plaintiff-Appellee, vs. Karen Aquino y Gabriel @ Mama Ched, Rey Rosal y Bobis* @ Dada Rey, Jeffrey Dela Cruz y Sanchez @ Jeff and Ericson Mariano y Peraldal @ Nicole, Accused-Appellants.

FACTS

Accused-appellants Karen Aquino, Rey Rosal, Jeffrey Dela Cruz, and Ericson Mariano were charged with qualified trafficking in persons under Republic Act No. 9208, as amended. The Informations alleged that from January 5 to February 1, 2017, in Metro Manila, they conspired to recruit and transport minors AAA (14 years old), BBB (13 years old), and CCC (14 years old) for sexual exploitation, causing them to have sex with male customers for a fee. The cases were raffled to the Regional Trial Court, Branch 289. All accused pleaded not guilty. The prosecution presented victims AAA and BBB, and medico-legal officer PCInsp. Charyl Escaro. The defense presented the accused.
The prosecution’s version: On January 5, 2017, BBB, encouraged by her cousin AAA, met Aquino and Rosal at a mall upon Aquino’s Facebook invitation. They later met Mariano. Aquino invited them to a birthday party of an old man where they could earn money by drinking. At the venue, four old men were present. An old man touched BBB and made her drink; she and AAA were separately brought to rooms where they were forced to have sex. Afterward, money was given to Mariano and Aquino, who then gave portions to the victims. Later, Aquino and Mariano instructed the victims to go with Dela Cruz, who brought them to a bar and then to a hotel where they again had sex with men for money. The victims were brought to Aquino and Rosal’s house, where they stayed for about a month, having sex with different men almost daily. On January 10, 2017, Aquino and Rosal asked BBB to find more girls, leading to the fetching of CCC. On January 27, 2017, the victims decided to go home, angering Aquino and Rosal.
The defense’s version: On January 4, 2017, BBB messaged Aquino on Facebook asking for a place to stay as they were asked to leave their homes. Aquino agreed, and they met the following day. Aquino brought them to her house, causing a fight with Rosal, who left. Aquino later asked Dela Cruz for help finding jobs for herself and the minors, but Dela Cruz said minors could not be employed. The victims stayed for five days then left abruptly. Aquino reported this to the barangay. On February 1, 2017, Aquino and Rosal were arrested by barangay authorities. Dela Cruz was arrested after meeting BBB at her request for fare money. Mariano was also arrested.
The trial court convicted Aquino, Dela Cruz, and Mariano of Qualified Trafficking in Persons in Criminal Case Nos. 17-216-MAL (AAA) and 17-217-MAL (BBB), sentencing them to life imprisonment and a fine. It found Rosal guilty as an accessory. In Criminal Case No. 17-218-MAL (CCC), it acquitted all for failure of proof. The Court of Appeals affirmed the conviction. The case was elevated to the Supreme Court.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of accused-appellants for qualified trafficking in persons.

RULING

The Supreme Court denied the appeal and affirmed the decision of the Court of Appeals with modification regarding Rosal’s liability. The Court held that all elements of qualified trafficking in persons were proven beyond reasonable doubt. The victims, aged 13 and 14, were recruited and transported for sexual exploitation. Their testimonies were credible, consistent, and corroborated. The defense of denial and frame-up was weak. The Court found that all accused-appellants conspired in the commission of the crime. The trial court erred in finding Rosal merely an accessory; his acts of allowing the victims to stay in his house, collecting money from them, and getting angry when they decided to leave demonstrated conspiracy and direct participation. Thus, Rosal is liable as a principal, not an accessory. The Court affirmed the penalties of life imprisonment and a fine of Two Million Pesos for each count of qualified trafficking.