THE Supreme Court has ruled that victims do not need to be actually subjected to prostitution or sexual exploitation to consummate the crime of human trafficking.
This as the SC First Division through Associate Justice Ramon Paul Hernando, in a ruling promulgated on January 22, 2025 but only made public recently, upheld the conviction of a woman for qualified trafficking in persons under Section 4 (a), in relation to Section 6 (a) of Republic Act 9208 or the Anti-Trafficking in Persons Act of 2003, after she recruited two minors to work as massage therapists who offer “extra” service or sex to their customers.
The victims have testified in court that they were recruited to work as massage therapists. They admitted that they voluntarily went with their recruiter without parental consent to gain work experience.
They said the accused promised them additional earnings on top of their salary if they rendered “extra” services to their customers.
The victims also told the trial court that the accused demonstrated to them how to engage in sexual acts to their customers.
During cross-examination, they told the lower court that they were not forced to engage or participate in such sexual acts.
The regional trial court on May 19, 2021 convicted the accused of attempted trafficking, explaining that the victims managed to escape from the massage parlor where they were employed before being fully exploited.
When the case was elevated to the Court of Appeals, the latter on September 26, 2023 modified the RTC findings and held that the prosecution was able to present evidence that established the guilt of the accused for the crime of qualified trafficking in persons.
This prompted the accused to bring the case to the SC.
However, the High Court affirmed the CA ruling, saying that the appellate court did not commit an error on holding the accused guilty for the crime of qualified trafficking in person, rather than attempted trafficking.
The SC said RA 9208 does not require the victim or victims to be actually subjected to prostitution or sexual exploitation before an individual can be held liable for violating the said law.
“Contrary to the conclusion of the RTC, the accused-appellant should be convicted of the consummated crime of trafficking in persons, not just attempted trafficking. This is because Republic Act No. 9208 does not require the victims to be actually subjected to prostitution or sexual exploitation before the accused can be held liable,” read the SC ruling.
“What is essential under the law is that the victims are recruited and transported for the purpose of sexual exploitation, regardless of whether they were ultimately subjected to those activities,” it added.
It explained that RA 9208 was enacted to prevent and deter human trafficking and that its purpose would be undermined if a conviction for violation of the said law would first require the victim or victims to be actually subjected to prostitution or sexual exploitation.
“In this case, AAA and BBB do not need to engage in or be subjected to sexual intercourse with the clients of the massage parlor for the crime of trafficking to be consummated,” the SC said.
With this, the High Court sentenced the accused to reclusion perpetua or life imprisonment and ordered her/him to pay a fine of P2 million, P500,000 as moral damages, and P100,000 as exemplary damages to each victim.
