G.R. No. 211465, December 03, 2014 PEOPLE OF THE PHILIPPINES v. SHIRLEY A. CASIO

G.R. No. 211465, December 03, 2014

PEOPLE OF THE PHILIPPINES v. SHIRLEY A. CASIO

Facts:

On May 2, 2008, International Justice Mission (IJM) coordinated with coordinated with the police in order to entrap persons engaged in human trafficking in Cebu City. Several police officers were designated then as decoys, pretending to be tour guides looking for girls to entertain their guests. PO1 Luardo and PO1 Veloso proceeded to D. Jakosalem St red light district. Accused, Casio, noticed them and called their attention and offered if they’d like some girls. After the conversation, Casio presented to the police officers two minors, AAA and BBB. After having settled the negotiation, they went to Queensland Motel. The marked money was handed to Casio and the two minors were brought to another room in the custody of the representatives of IJM and DSWD.

The accused however, contends that there was no valid entrapment instead she was instigated into committing the crime, since the police did not conduct prior surveillance and did not even know who their subject was. She also denied being a pimp and asserted that she was a laundrywoman. Also, AAA admitted that she worked as a prostitute thus, it was her decision to display herself to solicit customers.

Issue/s:

1. Whether or not the entrapment operation conducted was valid
2. Whether or not the accused shall be liable for the crime human trafficking

Ruling:

1. Yes there was a valid entrapment and it was recognized by courts. It was the accused-appellant who commenced the transaction with the officers by calling their attention on whether they wanted girls and when the officers responded, it was the accused-appellant who told them to wait while she would fetch the girls for their perusal. This shows that accused was predisposed to commit the offense because she initiated the transaction.

There is entrapment when law officers employ ruses and schemes to ensure the apprehension of the criminal while in the actual commission of the crime. There is instigation when the accused is induced to commit the crime. The difference in the nature of the two lies in the origin of the criminal intent. In entrapment, the mens rea originates from the mind of the criminal. The idea and the resolve to commit the crime comes from him. In instigation, the law officer conceives the commission of the crime and suggests to the accused who adopts the idea and carries it into execution

2. Yes.  The Court of Appeals found that AAA and BBB were recruited by accused when their services were peddled to the police who acted as decoys. AAA was a child at the time that accused peddled her services. AAA also stated that she agreed to work as a prostitute because she needed money. Accused took advantage of AAA’s vulnerability as a child and as one who need money, as proven by the testimonies of the witnesses. Therefore, the accused is found guilty beyond reasonable doubt for violating Section 4(a), qualified by Section 6(a) of Republic Act No. 9208 Anti Trafficking Act.

RA 9208, SEC. 3. Definition of Terms. – As used in this Act:

(a) Trafficking in Persons – refers to the 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 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 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.

The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose of exploitation or when the adoption is induced by any form of consideration for exploitative purposes shall also be considered as ‘trafficking in persons’ even if it does not involve any of the means set forth in the preceding paragraph