G.R. No. 270934 , October 30, 2024
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOEMARIE UBANON Y MAN-AN ALIAS “JOMARE FRANCESCO” ALIAS “ALEX” [D-BJMP-V], ACCUSED-APPELLANT.

FACTS

Accused-appellant Joemarie Ubanon and Amirah Macadatar were charged with qualified trafficking in persons. The information alleged that on April 13, 2014, in Bukidnon, they conspired to recruit, transport, and harbor three minors (AAA, 14; BBB, 14; CCC, 15) under the pretext of domestic employment for forced labor. Joemarie pleaded not guilty. The prosecution presented the victims’ testimonies and birth certificates. The victims testified that Joemarie approached them, offered work as onion peelers in Cebu with a monthly wage, and insisted they leave immediately despite their wish to seek parental permission. He brought them to the house of Amirah’s daughter, DDD. After a private conversation, Joemarie instructed the victims to board a bus with DDD. They were taken to Marawi City, where they were separated and made to perform domestic work for different families without pay. They were eventually recovered and turned over to a police station by Amirah. Joemarie denied the accusations, claiming he merely referred the victims to Amirah for possible work and advised them to seek parental consent. The Regional Trial Court convicted Joemarie of qualified trafficking, sentencing him to life imprisonment and a fine of PHP 2,000,000.00, plus damages. The Court of Appeals affirmed the conviction but deleted the phrase “without eligibility for parole” from the penalty.

ISSUE

Whether the Court of Appeals correctly affirmed accused-appellant Joemarie Ubanon’s conviction for qualified trafficking in persons.

RULING

Yes, the Court of Appeals correctly affirmed the conviction. The Supreme Court found all elements of trafficking in persons present: (1) the act of recruitment and transportation of the victims; (2) the means employed, which was deception, as Joemarie falsely offered employment and prevented the victims from seeking parental consent; and (3) the purpose of exploitation through forced labor, as the victims were made to work as domestic helpers without compensation. The Court held that Joemarie’s actions—the deceptive recruitment, use of moral ascendancy, and facilitation of the victims’ transport—established his conspiracy with Amirah. His defense of merely referring them for help was unavailing. The penalty of life imprisonment and a fine of PHP 2,000,000.00 under Republic Act No. 9208 , as amended, was affirmed. The awards of moral damages (PHP 200,000.00 each) and exemplary damages (PHP 100,000.00 each) to the victims, with 6% interest per annum until fully paid, were also sustained. The appeal was denied for lack of merit.