Notes on RA 9208
Trafficking in persons. – “Section 3(a) of Republic Act No. 9208, or the Anti-Trafficking in Persons Act, defines the crime of trafficking in persons:
SECTION 3(a) Definition of Terms. — As used in this Act:
- Trafficking in Persons — refers to the recruitment, transportation, trasfer 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.
Elements of trafficking of trafficking of persons. – “Jurisprudence enumerated the elements of the crime:
The elements of trafficking in persons can be derived from its definition under Section 3(a) of Republic Act 9208, thus:
- The act of “recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders.”
- The means used which include “threat or use of foce, 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 [“]; and
- The purpose of trafficking is exploitation which includes “exploitation or the prostitution of other or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.”[1]
Elements of trafficking in persons under the expanded definition of RA 10364, which amended RA 9208. – “On February 6, 2013, the law was amended by Republic Act No. 10354, People v. Casio also enumerated the elements of the crime under the expanded definition:
Under Republic Act No. 10364, the elements of trafficking in persons have been expanded the include the following acts:
- 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[“;]
- 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 the person having control over another person”[;]
- 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[.]”[2]
Testimony of arresting officer and minor victims sufficient to sustain a conviction. – “This Court in People v. Rodriguez acknowledged that as with Casio, the corroborating testimonies of the arresting officer and the minor victims were sufficient to sustain a conviction under the law. In People v. Spouses Ybañez, et. Al. this Court likewise affirmed the conviction of traffickers arrested based on. A surveillance report on the prostitution of minors within the area. In People v. XXX and YYY, this Court held that the exploitation of minors, through either prostution or pornography, is explicitly prohibited under the law., Casio also recognizes that the crime is considered consummated even if no sexual intercourse had taken place since the mere transaction consummates the crime.”[3] (Citations omitted)
“The trafficked victim’s testimony that she was sexualy exploited is “material to the cause of the prosecution.”[4]
“The act of trafficking a child is considered as qualified trafficking under Section 6(a) of Republic Act No. 9208.”[5] “
“[6]In addition, Section 6 of RA 9208 provides that the crime is qualified when, inter alia, the trafficked person is a child. The law defines a child as “a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.”
“Trafficking in persons is a deplorable crime. The gravamen of the crime of trafficking is ‘the act of recruiting or using, with or without consent, a fellow human being for [inter alia,] sexual exploitation.” As aptly held by the Court in Santiago, Jr. v. People:
Human beings are not chattles whose sexual favors are bought or sold by greedy pimps. Those who profit in this way by recruiting minors are rightfully, by law, labeled as criminals. They should be the subject of aggressive law enforcement, prosecuted, tried, and when proof beyond reasonable doubt exists, punished.”[7] (Citations omitted)
[1] People v. Tabieros and Infante, G.R. No. 234191, February 1, 2021
[2] People v. Casio, 749 Phil. 458 (2013, cited in People v. Lapena, G.R. No. 238213, February 1, 2021, People v. Tabieros and Infante, G.R. No. 234191, February 1, 2021)
[3] People v. Ramirez, G.R., No,. 217978, January 30, 2019, cited in People v. Tabieros and Infante, G.R. No. 234191, February 1, 2021, Brozoto v. De Leon, G.R. No. 233420
[4] People v. Rodriguez, G.R. No. 211721, September 20, 2017, cited in People v. Tabieros and Infante, G.R. No. 234191, February 1, 2021
[5] People v. Lapena, G.R. No. 238213, February 1, 2021
[6] Brozoto v. De Leon, G.R. No, 233420, April 28, 2021
[7] Brozoto v. People, G.R. No. 233420, April 28, 2021