GR L 154; (March, 1946) (Digest)
G.R. No. L-154; March 18, 1946
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JESUS NUEVAS, defendant-appellant.
FACTS
The defendant-appellant, Jesus Nuevas, was convicted by the Court of First Instance of Batangas for violating Article 341 of the Revised Penal Code (White Slave Trade). The prosecution proved that about three to four months prior to September 22, 1945, the accused contracted the services of four women of ill repute, brought them to, and maintained them in a house in Barrio Alangilang, Batangas, for the purpose of prostitution. He furnished them food and lodging and received one-half of their earnings from illicit traffic with colored soldiers. On the afternoon of September 22, 1945, the police raided the house, finding thirteen colored soldiers and three soldiers with girls in separate rooms. The accused was present and, upon questioning, stated he was left in charge of the house. The women, Emilia de la Cruz and Juanita Fernandez, testified that the accused was their “manager,” that he contracted them for prostitution, paid for their meals, and they split their earnings (P10 per coition) fifty-fifty with him. The accused, testifying alone in his defense, claimed he was a Manila resident who went to the house only to collect a debt from the lessee, Moises Santos. The trial court believed the prosecution witnesses and disbelieved the accused’s uncorroborated testimony.
ISSUE
Whether the trial court erred in convicting the accused based on the evidence presented by the prosecution, specifically regarding the requirements to prove a violation of Article 341 of the Revised Penal Code.
RULING
The Supreme Court affirmed the conviction with a modification on the penalty. The Court held the accused’s contentionโthat the prosecution must specifically identify the house of ill fame, prove it as such, and further prove the accused is the owner or lesseeโwas untenable. Article 341 penalizes three acts: (1) engaging in the business of prostitution, (2) profiting by prostitution, or (3) enlisting the services of women for the purpose of prostitution. Proof of any one act is sufficient for criminal liability. The evidence proved beyond reasonable doubt that the accused both enlisted the services of women for prostitution and profited thereby (receiving half their earnings). His criminal liability would attach even if he only enlisted services without proof of profit, or only profited without proof of enlisting services. The penalty was modified such that the maximum would be three years, six months, and twenty-one days of prision correccional.
