[G.R. No. 211465. December 3, 2014.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SHIRLEY A.

CASIO,  accused-appellant.

Facts:

On May 2, 2008, International Justice Mission (IJM) coordinated with coordinated with
the police in order to entrap persons engaged in human trafficking in Cebu City. Several police
officers were designated then as decoys, pretending to be tour guides looking for girls to
entertain their guests. PO1 Luardo and PO1 Veloso proceeded to D. Jakosalem St red light
district. Accused, Casio, noticed them and called their attention and offered if they’d like some
girls. After the conversation, Casio presented to the police officers two minors, AAA and BBB.
After having settled the negotiation, they went to Queensland Motel. The marked money was
handed to Casio and the two minors were brought to another room in the custody of the
representatives of IJM and DSWD.

The accused however, denied being a pimp and asserted that she was a laundrywoman.
Also, AAA admitted that she worked as a prostitute thus, it was her decision to display herself to
solicit customers.

The Regional Trial Court, Branch 14 in Cebu City found accused guilty beyond
reasonable doubt stating that “accused had consummated the act of trafficking of person[s] . . . as
defined under paragraph (a), Section 3 of R.A. 9208 for the purpose of letting her engage in
prostitution as defined under paragraph [c] of the same Section; the act of "sexual intercourse"
need not have been consummated for the mere "transaction" i.e., the 'solicitation' for sex and the
handing over of the "bust money" of Php1,000.00 already consummated the said act.” which was
affirmed by the Court of Appeals with modifications regarding the fine and awarded moral
damages.

Issue:

1. Whether or not the accused shall be liable for the crime human trafficking

Ruling:

Yes. Under Republic Act No. 10364, the elements of trafficking in persons have been
expanded to include the following acts: 
(1) The act of “recruitment, obtaining, hiring, providing, offering, transportation, transfer,
maintaining, harboring, or receipt of persons with or without the victim’s consent or knowledge,
within or across national borders;” 

(2) The means used include “by means of threat, or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability
of the person, or, the giving or receiving of payments or benefits to achieve the consent of a
person having control over another person” 

(3) The purpose of trafficking includes “the exploitation or the prostitution of others or other
forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of
organs”

The Court of Appeals found that AAA and BBB were recruited by accused when their
services were peddled to the police who acted as decoys. AAA was a child at the time that
accused peddled her services to work as a prostitute because she needed money. AAA also stated
that she agreed Accused took advantage of AAA’s vulnerability as a child and as one who need
money, as proven by the testimonies of the witnesses.

Knowledge or consent of the minor is not a defense under Republic Act No. 9208:

“The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the
purpose of exploitation or when the adoption is induced by any form of consideration for
exploitative purposes shall also be considered as ‘trafficking in persons’ even if it does not
involve any of the means set forth in the preceding paragraph.”

Furthermore, Accused is further guilty of qualified trafficking under paragraph 1. SEC. 6.

Qualified Trafficking in Persons.—

1. When the trafficked person is a child; 

2. When the adoption is effected through Republic Act No. 8043, otherwise known as the
“Inter-Country Adoption Act of 1995” and said adoption is for the purpose of
prostitution, pornography, sexual exploitation,forced labor, slavery, involuntary servitude
or debt bondage; 
 3. When the crime is committed by a syndicate, or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is deemed committed in large scale if
committed against three (3) or more persons, individually or as a group; 

4. When the offender is an ascendant, parent, sibling, guardian or a person who exercise
authority over the trafficked person or when the offense is committed by a public officer
or employee; 

5. When the trafficked person is recruited to engage in prostitution with any member of the
military or law enforcement agencies; 

6. When the offender is a member of the military or law enforcement agencies; and 

7. When by reason or on occasion of the act of trafficking in persons, the offended party
dies, becomes insane, suffers mutilation or is afflicted with Human Immuno deficiency
Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).

SC affirmed the decision of the Court of Appeals finding accused Shirley A. Casio guilty beyond
reasonable doubt of violating Section 4 (a), qualified by Section 6 (a) of Republic Act No. 9208.