Sayo v. People

 

Sayo v. People

G.R. No. 227704

April 10, 2019

FACTS:

                RTC and CA convicted Susan Sayo y Reyes and Alfredo Roxas y Sagon for the crime of violating RA 9208. Several months prior to November 15, 2005, AAA, BBB and CCC, the “plaza girls”, have been under the control and supervision of SAYO as commercial sex workers. AAA was only 15 years old. SAYO would regularly furnish AAA, BBB and CCC with male customers on the average five (5) customers per week. Whenever they have customers, SAYO would bring them either to a motel or to ALFREDO ROXAS's house who provides them a room for P100.00 for 30 minutes use of the room. ROXAS also provides condom for the male customers at P30. The CIDG-WCCD conducted a rescue operation “Oplan Sagip Angel”. Three men acted as poseur-customers. They were bluntly asked if they wanted women and further inquired if they wanted 15 year-old-girls. They agreed and offered P300 each. They met with the plaza girls and proceeded to the house of Alefredo Roxas for P100 per room. When the money was handed by one of the customers to Sayo, the agents announced that it was a raid. The police then arrested Sayo and Roxas.

ISSUE:

                Whether or not the guilt of Roxas was proven beyond reasonable doubt.

HELD:

                Yes. At the outset, the Court notes that Sayo had already died on November 30, 2011. Thus, the death of Sayo extinguished her criminal liability under Article 89, paragraph 1 of the Revised Penal Code. Upon judicious review of the records of the case, the Court affirms the factual findings of the RTC, as affirmed by the CA. The Court upholds the findings of the courts a quo that Roxas knowingly leased a room in his house for the purpose of prostitution. It is an established doctrine in appellate review that factual findings of the trial court, including its assessment of the credibility of witnesses, probative weight of their testimonies, as well as of the documentary evidence, are accorded great weight and respect, especially when these are affirmed by the CA, as in this case. Roxas is guilty of one count of violation of Section 5(a) of RA 9208 for Acts that Promote Trafficking in Persons and not Trafficking in Persons, qualified or otherwise. There are four punishable acts under RA 9208: (1) Acts ofTrafficking in Persons under Section 4;(2) Acts that Promote Trafficking in Persons under Section 5;(3) Violation of the Confidentiality Rule under Section 730 in relation to Section 10(d); and (4) Use of Trafficked Persons under Section 11. that accused Roxas, in consideration of the sum of One Hundred (100) pesos, would allow the complainants and her (sic) customers to use the room and engage in sex therein; that Roxas had knowledge of the fact that the complainants engaged in sex for a fee as he cleaned the room after the complainant and her customer finished using it; that, moreover, he sold condoms to complainant's male customers before using the room. All of these acts promoted trafficking in persons as defined under Section 5 of [RA 9208]. At the outset, Sayo died before final judgement. Thus, her criminal liability is extinguished under Art. 89(1) of the RPC. Wherefore, Roxas is guilty of Acts that Promote Trafficking in Persons. 

 

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