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, 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.
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 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 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]
“Trafficking in Persons under Section 3(a) and 4 of Ra 9208 is not only limited to transportation of victims, but also includes the act of recruitment of victims of trafficking.[2]
“Recruitment” also contemplates an accused’s act of providing the conditions for prostituting the the victim. Prostitution is defined under Section 3 (c) of Republic Act No. 9208 as “any act, transaction, scheme or design involving the use of a persons by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.”[3]
“Fraud and deceit were employed, when, under false pretenses, the victims were enticed to leave their respective homes to become students of a school that had no license to operate, and to pursue a Bachelor of Theology degree that did not possess any permission from the CHED to be granted.[4]
While no threat, force or coercion was employed by accused-appellants in the trafficking of the victims, however, they took advantage of the vulnerability of the victims to secure the consent of their parents. They are vulnerable in the sense that the are underprivileged and it is apparent from their testimonies that they needed to earn money. Considering that the victims came from poverty-stricken families, it renders the victims vulnerable to trafficking. Trafficking in persons can still be committed even if the victim gives consent.[5]
“Section 3(a) of RA 9208 clearly provides that the recruitment and receipt of a child for purposes of exploitation, even if it does not involve the mean listed in the same provision, will be considered “Trafficking in Persons.”[6]
“Correlatively, Section 3(a), paragraph 2 od R.A. No. 9208, as amended, expressly articulates that when the victim is a child, the recruitment, transfer, harboring, adoption or receipt for the purpose of exploitation need not involve “threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse or 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.” This implies that accused-appellant can be held liable for qualified trafficking in persons even if she did not employ threat, force, intimidation or any other forms of coercion upon the minor victims. Neither can she evade criminal liability by claiming that the decision to have sexual intercourse with the customers depended on the will of the private complainant. In fact, regardless of the willingness of the minor victims, the crime of qualified trafficking in persons can still be committed.”[7]
“According to jurisprudence, the elements for trafficking in persons are derived from Section 3 (a) of Republic Act No. 9208. Moreover, when the crime is qualified trafficking, the prosecution must likewise prove any of the qualifying circumstances under Section 6 of the same law. Taken together, the general elements for qualified trafficking in persons under the original Republic Act No. 9208 are as follows:
- 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;
- Through the 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 of 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 other or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs; and
- Any of the qualifying circumstances under Section 6 of Republic Act No. 9208 are present.
When the crime is committed after the effectivity of Republic Act No. 10364 on February 28, 2013, the elements for qualified trafficking in persons are as follows:
- 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;
- Through the means of threat, or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power, o 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 persons 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; and
- Any of the qualifying circumstances under Section 6 of Republic Act No. 9208 are present.
In relation to the foregoing, it bears emphasizing that when the victim of trafficking is a child, i.e. “a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or to protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition, the second paragraph of Section 3(a) expressly provides that the abovementioned first element need not be attended by any of the means enumerated under the second element. Withal, Section 6(a) of Republic Act No. 9208 immediately treats such crimes as qualified trafficking. Consequently, under the original Republic Act No. 9208, when the crime is qualified trafficking in persons and the victim is a child, the prosecution needs only to prove the following:
- The victim is a child;
- Who is recruited, transported or harbored, or received, with or without the child’s consent or knowledge, within or across national harbors;
- 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.
On the other hand, when the crime is committed after the effectivity of Republic Act No. 10364, the following elements must be proved:
- The victim is a child;
- Who is adopted, recruited, obtained, hired, provided, offered, transported, transferred, maintained, harbored, or received, with or without the child’s consent or knowledge, within or across national borders;
- For the purpose of exploitation which included 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, or when the adoption os induced by any form of consideration for exploitative purposes.
Undoubtedly, the trafficking of child victims ay be attended by any of the means enumerated under Section 3(a) of Republic Act No. 9208, but its proof thereof is not crucial to convicting the accused. The rationale for this rule is simple: “a minor’s consent is not given out of his or her own free will.”[8] (Citations omitted)
[1] People v. Tabieros and Infante, G.R. No. 234191, February 1, 2021; People v. XXX and YYY. G.R. No. 225288, June 28, 2021;
[2] People v. Lalli, et al, G.R. No. 19549, October 12, 2011
[3] People v. Dela Rosa, G.R. No. 227880, November 6, 2019
[4] People v. Si Young Oh, G.R. No. 262632, June 5, 2024
[5] People v. Salazar, G.R. No. 237697, July 15, 2020
[6] People v. XXX and YYY, G.R. No. 225288, June 28, 2021
[7] People v. Dela Cruz, G.R. No. 238754, June 16, 2021
[8] People v. Arraz, G.R. No. 262362, April 8, 2024