SC: Recruiting children for sexual exploitation is trafficking even without coercion | ABS-CBN
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SC: Recruiting children for sexual exploitation is trafficking even without coercion
SC: Recruiting children for sexual exploitation is trafficking even without coercion
MANILA — The Supreme Court has ruled that recruiting children for sexual exploitation even without the use of force or coercion is still considered child trafficking.
In a decision promulgated on December 4, 2023, the 2nd Division upheld the conviction of Jhona Villaria and Lourdes Maghirang for qualified trafficking in persons.
The case stemmed from reports received by the Philippine National Police in 2016 on their involvement in child trafficking.
In an entrapment operation, the accused offered to provide nine girls aged 14 to 18 for a birthday party at P1,000 for three hours and up to P3,000 for an overnight stay.
MANILA — The Supreme Court has ruled that recruiting children for sexual exploitation even without the use of force or coercion is still considered child trafficking.
In a decision promulgated on December 4, 2023, the 2nd Division upheld the conviction of Jhona Villaria and Lourdes Maghirang for qualified trafficking in persons.
The case stemmed from reports received by the Philippine National Police in 2016 on their involvement in child trafficking.
In an entrapment operation, the accused offered to provide nine girls aged 14 to 18 for a birthday party at P1,000 for three hours and up to P3,000 for an overnight stay.
The court noted that the victims stated during the trial that they were enticed to attend a party and perform sexual acts in exchange for money.
“The absence of threat, force or coercion is immaterial and irrelevant,” the court said in the decision penned by Senior Associate Justice Marvic Leonen.
The court stressed that under Republic Act No. 9208 or the Anti-Trafficking in Persons Act, a crime is still considered trafficking if it involves the recruitment, transportation, transfer, harboring, or receipt of a child for exploitation, even if the means employed are not within those indicated in the law.
The Supreme Court affirmed the decision of the Court of Appeals and the Regional Trial Court, which held that the testimonies of the victims clearly established that the accused transported the minors for “awra” or prostitution.
“At any rate, accused-appellants evidently took advantage of the victims’ youth and need to earn money to obtain their consent,” the court said.
The Supreme Court sentenced Villaria and Maghirang to life imprisonment and ordered them to pay a P2 million fine and pay each of the victims P600,000 as damages.
The court noted that the victims stated during the trial that they were enticed to attend a party and perform sexual acts in exchange for money.
“The absence of threat, force or coercion is immaterial and irrelevant,” the court said in the decision penned by Senior Associate Justice Marvic Leonen.
The court stressed that under Republic Act No. 9208 or the Anti-Trafficking in Persons Act, a crime is still considered trafficking if it involves the recruitment, transportation, transfer, harboring, or receipt of a child for exploitation, even if the means employed are not within those indicated in the law.
The Supreme Court affirmed the decision of the Court of Appeals and the Regional Trial Court, which held that the testimonies of the victims clearly established that the accused transported the minors for “awra” or prostitution.
“At any rate, accused-appellants evidently took advantage of the victims’ youth and need to earn money to obtain their consent,” the court said.
The Supreme Court sentenced Villaria and Maghirang to life imprisonment and ordered them to pay a P2 million fine and pay each of the victims P600,000 as damages.
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