The Supreme Court partially granted the appeal of two accused-appellants and affirmed, with modifications, the Court of Appeals' Decision finding them liable for Trafficking in Persons. The Court found Ofelia A. Comia guilty of Trafficking in Persons under Section 4(a) of Republic Act No. 9208, as amended by Republic Act No. 10364, and Maricel Gutierrez Tapon guilty as an accomplice under Section 4-B in relation to Section 10(c) of the same law.
The Case
The accused-appellants, along with other accused Jennifer P. Pasco and Argelyn A. Tecling, were charged with one count of Qualified Trafficking in Persons under Republic Act No. 9208, as amended, and three counts of violation of Section 12-A, paragraph 3 of Republic Act No. 7610, as amended by Republic Act No. 9231.
According to the Informations, the accused, who were employees of a club located in Makati City, conspired to recruit, hire, provide, offer, maintain, and harbor several victims under the pretext of legitimate employment as Guest Relations Officers (GROs) and dancers, for the purpose of engaging in lascivious conduct and sexual intercourse with male customers for a fee. The acts were alleged to have occurred on or about April 17, 2015 and on dates prior thereto. The three counts under Republic Act No. 7610 involved minor victims required to work, serve, and entertain male customers beyond the hours of work allowed by law for minors.
When arraigned, all pleaded not guilty. They filed Petitions for Bail with Motion to Reduce Bail, and a bail hearing was set. The prosecution presented the testimonies of AAA, Intelligence Agent Jerome P. Bagon, and Special Investigator David P. Golla IV.
AAA testified that she was recruited as a dancer for the club in Makati City. As a dancer, she would entertain customers by "table," "VIP services," or "bar fine." Comia, whom she called Mommy Ofel, explained that when a customer availed of "VIP services" or "bar fine," AAA would have to perform sexual services to the guest in a private room at the club or in a hotel in exchange for money. She testified that she received PHP 3,000.00 for the service, while the "mamasangs" received PHP 3,900.00. On the night of the entrapment operation, AAA narrated that Comia and the other "mamasangs" asked them to do a show-up at the stage where the poseur-customers chose two girls, and she saw Comia go to the cashier and get condoms from Tapon.
The Issue
The question before the Court was whether the accused-appellants were liable for Trafficking in Persons, and whether the awards of damages and the penalties imposed were proper.
The Ruling
The Court ruled: "the appeal is PARTIALLY GRANTED. The Court of Appeals' Decision dated September 23, 2020 and Resolution dated May 21, 2021 in CA-G.R. CR-HC No. 10964 are AFFIRMED WITH MODIFICATIONS."
Ofelia A. Comia was found guilty of Trafficking in Persons under Section 4(a) of Republic Act No. 9208, as amended by Republic Act No. 10364, and sentenced to imprisonment for 20 years and to pay a fine of PHP 1,000,000.00. Maricel Gutierrez Tapon was found guilty as an accomplice in Trafficking in Persons under Section 4-B in relation to Section 10(c) of Republic Act No. 9208, as amended, and sentenced to imprisonment for 15 years and to pay a fine of PHP 500,000.00.
Both accused-appellants were ordered to pay the victim, AAA, moral damages of PHP 500,000.00, with their respective shares being PHP 333,333.33 for Comia and PHP 166,666.67 for Tapon. The award of exemplary damages was deleted for failure to establish the presence of aggravating or qualifying circumstances. The moral damages shall be subject to interest at the rate of 6% per annum from the finality of the Decision until full satisfaction.
By the Numbers
- G.R. No. 256698
- Incident date: on or about April 17, 2015 and dates prior thereto
- Comia's penalty: 20 years imprisonment and PHP 1,000,000.00 fine
- Tapon's penalty: 15 years imprisonment and PHP 500,000.00 fine
- Moral damages: PHP 500,000.00 (PHP 333,333.33 for Comia; PHP 166,666.67 for Tapon)
- AAA received PHP 3,000.00 per service; "mamasangs" received PHP 3,900.00
- CA Decision dated September 23, 2020; Resolution dated May 21, 2021; CA-G.R. CR-HC No. 10964
- Interest rate: 6% per annum from finality until full satisfaction
The Court's Reasoning
The Court held that the award of moral damages is proper, citing People v. Lalli, where it held that the crime of trafficking in persons is analogous to the crimes of seduction, abduction, rape, or other lascivious acts. The Court noted that to be trafficked as a prostitute, there is no doubt that the victim experienced physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, and social humiliation.
However, the Court deleted the award of exemplary damages, explaining that under Article 2230 of the Civil Code, exemplary damages may be imposed in criminal cases only when the crime was committed with one or more aggravating circumstance. The Court observed that while the victim's minority was alleged in the Information, it was not duly proven, and there being no aggravating or qualifying circumstance, the award was not warranted.
On the apportionment of civil liability, the Court cited People v. Montesclaros, holding that the entire amount should be apportioned among the persons who cooperated in the commission of the crime according to the degree of their liability. Following Montesclaros and Article 109 of the Revised Penal Code, the Court ruled that Comia, as principal, should be liable for 2/3 of the moral damages, and Tapon, as accomplice, for 1/3. In case any one of them fails to pay her quota, the other shall be subsidiarily liable under Article 110 of the Revised Penal Code, enforced first against the property of the principals, next against the accomplices, and lastly against the accessories.
Source: Supreme Court Decision in G.R. No. 256698, penned by Justice Caguioa.
This report summarizes a public Supreme Court decision and is not legal advice.