People v. Likinon
G.R. No. 227880
November 6, 2019
FACTS:
The RTC
and CA convicted Ruth Dela Rosa y Likinon for the crime of Qualified
Trafficking in persons under RA 9208. That during the period of Feb, 2013 to
March 2013 in Angeles Philippines, the accused recruited, transferred, harbored
and provided AAA, 16 years old, to Kim Caben for the purpose of prostitution
and sexual exploitation, by taking advantage of the vulnerability of the said
minor, AAA, thereby demeaning and degrading the child’s intrinsic worth as a
human being.
ISSUE:
Whether
or not the CA erred in affirming the RTC.
HELD:
No. Sec
3 (a) of RA 9208, trafficking in persons can still be committed even if the
victim gives consent. Under this law trafficking in persons refers to the recruitment, transportation,
transfer or harboring, or receipt of persons with or without the victim’s
consent or knowledge, within or across national borders 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 persons, or
the giving or receiving of payments or benefits to achieve the consent of a
person having control over another person for the purpose of exploitation which
includes at a minimum, 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.
In this
case, accused-appellant was found to have “transferred and provided AAA to Kin
in exchange for money, through threats and by taking advantage of her
vulnerability.” Accused-appellant failed to forward any arguments that would
cast reasonable doubt on her conviction. Accordingly, this Court affirms her
conviction.
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