G.R. No. 263603, October 09, 2023
People of the Philippines, Plaintiff-Appellee, vs. Eul Vincent O. Rodriguez, Accused-Appellant.

FACTS

Accused-appellant Eul Vincent O. Rodriguez was charged with qualified trafficking in persons under Section 4(a), in relation to Section 6 of Republic Act No. 9208, as amended. The Information alleged that on or about February 13, 2014, Rodriguez engaged in providing and transporting a minor, AAA263603, for the purpose of prostitution by acting as his procurer for a male customer in exchange for money.
The prosecution established that the United States Immigration and Customs Enforcement (US ICE) informed Philippine authorities about Rodriguez’s human trafficking activities using Facebook and Skype. A police officer, PO3 Gambi, created a decoy Facebook account and communicated with Rodriguez, who, using various Skype accounts, offered nude shows involving minors for money. Rodriguez received payments via money transfer but initially refused to perform the shows. On February 10, 2014, Rodriguez, via Skype, presented two minor girls who performed a sexual act.
An entrapment operation was set for February 13, 2014. Rodriguez, communicating with the decoy, offered to bring AAA263603 (a 14-year-old minor) to a hotel for a nude show and sexual intercourse in exchange for USD 75.00. Rodriguez and AAA263603 went to the Waterfront Hotel. After marked money was handed to and accepted by Rodriguez, he was arrested. The marked money and other items (bag, camera, sex toy, cellphone, sim cards, money transfer receipts) were recovered. Rodriguez’s hands tested positive for fluorescent powder used on the marked money. Forensic analysis of his phone showed text messages arranging the meeting. AAA263603 testified that he had performed about 20 nude shows for Rodriguez over Skype for money and that on February 13, Rodriguez brought him to the hotel to meet a foreigner.
The defense presented Rodriguez as its lone witness. He denied the accusations, claiming he only brought AAA263603 to the hotel to eat pizza with a foreigner.
The Regional Trial Court convicted Rodriguez of qualified trafficking. The Court of Appeals affirmed the conviction. Rodriguez appealed to the Supreme Court.

ISSUE

Whether the Court of Appeals erred in affirming accused-appellant Rodriguez’s conviction for qualified trafficking in persons.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the conviction. The Court held that all elements of qualified trafficking in persons were proven beyond reasonable doubt.
The crime of trafficking in persons under Section 4(a) of RA 9208, as amended, requires: (1) the act of “recruitment, transportation, transfer, harboring or receipt of persons”; (2) the means used such as threat, use of force, coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or giving payments or benefits; and (3) the purpose of exploitation, which includes prostitution. Qualified trafficking under Section 6 exists when the trafficked person is a child.
The Court found all elements present. First, Rodriguez transported and provided AAA263603 to the hotel for the meeting. Second, the means employed was deception, as Rodriguez deceived the minor by telling him they were just going to eat pizza, and also deception against the customer/decoy. The act of providing monetary compensation to the minor also constitutes “giving payments or benefits” as a means under the law. Third, the purpose was exploitation for prostitution, as evidenced by the offer of a nude show and sex in exchange for money, and AAA263603’s testimony about previous performances for pay.
The defense of denial was rejected. Rodriguez’s claim of merely bringing the minor for pizza was inconsistent with the evidence, including the pre-arranged online conversations about sexual services, the recovery of marked money and a sex toy, and the text messages from his phone.
The Court also held that the warrantless arrest during the entrapment operation was valid, as Rodriguez was caught in flagrante delicto accepting marked money for the illicit transaction.
The Court modified the penalty. Rodriguez was sentenced to suffer the penalty of life imprisonment and to pay a fine of Two Million Pesos (Php2,000,000.00), with the accessory penalty of perpetual absolute disqualification. He was also ordered to pay AAA263603 moral damages and exemplary damages.