MANILA, Philippines — The Supreme Court (SC) affirmed that recruiting children for sexual exploitation is trafficking, even without the use of threats, force, or coercion.
In a Decision written by Senior Associate Justice Marvic M.V.F. Leonen, the SC’s Second Division upheld the conviction of Jhona Galeseo Villaria and Lourdes Aralar Maghirang (the accused) for qualified trafficking in persons.
The case began in 2016 when the Philippine National Police (PNP) received reports of the accused’s involvement in child trafficking. During an entrapment operation, the accused offered to provide girls aged 14 to 18 for a birthday party, charging PHP 1,000 for three hours up to PHP 3,000 for overnight.
On the agreed date, the two brought several female minors to the hotel room where undercover officers were waiting. They were arrested after accepting marked money from the police.
During the trial, the victims revealed that the accused enticed them to attend a party and perform sexual acts in exchange for money.
The Regional Trial Court and the Court of Appeals found the accused guilty beyond reasonable doubt of qualified trafficking in persons under Republic Act No. (RA) 9208, or the Anti-Trafficking in Persons Act of 2003, as amended.
Trafficking occurs when individuals are recruited, transported, or transferred for exploitative purposes, including prostitution, forced labor, slavery, or the removal or sale of organs through threats or use of force, coercion, deception, abuse of power, or by offering money.
The accused argued that the prosecution failed to prove they threatened, forced, or coerced the minors into prostitution.
However, the SC clarified that under Section 3 (a) of the law, recruiting a child for sexual exploitation is enough to establish trafficking, regardless of whether threats, force, coercion, or deception were used.
Here, the accused recruited minors and offered them for sexual activities in exchange for money.
They took advantage of the victims’ youth and financial struggles to gain their consent.
For the crime of qualified trafficking, the accused were sentenced to life imprisonment, fined PHP 16 million, and ordered to pay each of the victims PHP 600,000 in damages.(Courtesy of the Supreme Court Office of the Spokesperson)
Originally published by the Supreme Court Public Information Office.