G.R. No. 267140 , November 06, 2024
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. LARISSA NADEL DOMINGUEZ, ACCUSED-APPELLANT.

FACTS

Accused-appellant Larissa Nadel Dominguez was charged with Qualified Trafficking in Persons under Section 4(a) in relation to Section 6(a) of Republic Act No. 9208 , as amended. The Information alleged that sometime in July 2014, Dominguez, owner/proprietor of a bar, recruited, transported, and transferred the minor AAA, 15 years old, from Rizal to Cagayan under the pretext of employment. AAA was brought to Dominguez’s bar and employed as a Guest Relations Officer (GRO) for purposes of prostitution and sexual exploitation. AAA was later rescued in an entrapment operation.
The prosecution presented AAA, NBI Agent Christopher Mesa, and Social Welfare Officer III Florentina Saul. AAA testified that in July 2014, when she was 15, Dominguez offered her work as a babysitter in Cagayan. Instead, she was forced to work as an entertainer at Dominguez’s bar under the name “AAA,” where she had to sit with customers, drink beer, and allow them to caress and touch her private parts. She earned commissions per beer bottle. AAA eventually contacted her mother for help, leading to a rescue operation on July 28, 2014, by NBI operatives who posed as customers, arrested Dominguez, and rescued AAA. Agent Mesa and SWOIII Saul corroborated the details of the entrapment operation.
The defense presented Dominguez, Cecilia Lanuza, Lourdes Rosacia, and additional witnesses Milet Salvador, Rey-Ar Columbano, Cecilia Peñafiel, and Ronald Dupaya (Dominguez’s live-in partner). Dominguez claimed she recruited AAA as a babysitter for her child, believing AAA was 18 years old, and paid her a monthly wage. She instructed AAA to stay in a hut outside the bar and not interact with guests or employees. The defense witnesses corroborated that AAA worked as a babysitter and was not allowed in the bar. Rosacia presented a certification stating the bar was owned by Dupaya, not Dominguez.
The Regional Trial Court (RTC) convicted Dominguez of Qualified Trafficking in Persons. The Court of Appeals (CA) affirmed the RTC’s decision. Dominguez appealed to the Supreme Court.

ISSUE

Whether the Court of Appeals erred in affirming accused-appellant Larissa Nadel Dominguez’s conviction for Qualified Trafficking in Persons.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Decision of the Court of Appeals convicting accused-appellant Larissa Nadel Dominguez of Qualified Trafficking in Persons under Section 4(a) in relation to Section 6(a) of Republic Act No. 9208 , as amended.
The Court held that all elements of Qualified Trafficking in Persons were proven beyond reasonable doubt: (1) The act of “recruitment, transportation, transfer” was committed; (2) The act was done through “deceit” and by “taking advantage of the victim’s vulnerability”; (3) The purpose of the act was “exploitation, specifically prostitution or other forms of sexual exploitation”; and (4) The victim was a child, a qualifying circumstance under Section 6(a) of the law.
The Court found AAA’s testimony credible, straightforward, and consistent. Her minority was established by her Certificate of Live Birth. The defense of denial and alibi offered by Dominguez and her witnesses could not prevail over AAA’s positive identification and the corroborating testimonies of the government operatives. The claim that Dominguez was not the bar owner was immaterial, as she admitted to recruiting AAA. The law punishes the act of trafficking, regardless of the accused’s formal ownership of the establishment used for exploitation. The prosecution successfully proved that Dominguez recruited AAA under the false pretense of babysitting to exploit her for prostitution in her bar, taking advantage of AAA’s vulnerability as a minor.