Title
Lenida T. Maestrado vs. People
Case
G.R. No. 253629
Decision Date
Sep 28, 2022
Petitioner convicted of Attempted Trafficking in Persons for conspiring to simulate a child's birth, falsify documents, and acquire custody for sale, affirmed by SC.
trafficking in
persons
child protection
A

Case Digest (G.R. No. 253629)

Facts:

  • Parties and nature of the case
    • Lenida T. Maestrado (petitioner) filed a petition for review on certiorari under Rule 45 dated 11 September 2020.
    • People of the Philippines (respondent) opposed the petition.
    • The petition assailed the Decision dated 30 July 2020 of the Court of Appeals (CA) in CA-G.R. CR No. 01674-MIN.
    • The CA decision affirmed the Judgment dated 06 October 2017 of Branch 1, Regional Trial Court (RTC) in Criminal Case No. 20543.
    • The RTC and CA found petitioner and Jenylin Vitor Alvarez (Alvarez) guilty beyond reasonable doubt of Attempted Trafficking in Persons.
    • The RTC sentenced petitioner and Alvarez to suffer fifteen (15) years imprisonment and to pay a fine of P500,000.00 each.
  • Charges and the Information
    • Petitioner, together with Stephanie Jean Locker (Locker), Rubelyn “Rubylyn” Stone (Stone), and Alvarez (collectively, accused), were charged with violation of Section 4-A, paragraphs (d) and (e) of Republic Act No. 9208 (Anti-Trafficking in Persons Act of 2003), as amended by Republic Act No. 10364 (Expanded Anti-Trafficking in Persons Act of 2012).
    • The Information dated 08 March 2016 alleged that, within the court’s jurisdiction and during a period stated in the blotted portion, the accused conspired to:
      • Simulate the birth of AAA, a 7-month old victim; and
      • Solicit and acquire custody of the child through any means from her low-income family;
      • For the purpose of selling the child-victim.
    • The charge was stated as:
      • “CONTRARY TO LAW: (Sec. 4-A, par. (d) & (e) of RA 9208, as amended by RA 10364)”.
    • On arraignment, petitioner and Alvarez pleaded not guilty with counsel.
    • Locker and Stone remained at-large and their warrants were left unserved.
  • The prosecution’s version of facts
    • Initial acts at the Local Civil Registrar (LCR)
      • On the morning of 24 September 2014, Locker, Stone, and Alvarez went to the Office of the Local Civil Registrar (LCR) in xxxxxxxxxxx to inquire about the requirements for registration of AAA’s birth.
      • Anita Q. Gadgode (Gadgode), an LCR clerk, issued a blank “Impormasyon Para Sa Birth Certificate” form, required submission of a copy of the child’s parents’ marriage certificate, and asked them to fill out the form.
      • On the afternoon of the same date, Locker, Stone, and Alvarez submitted:
        • A copy of a License and Certificate for Marriage issued by the State of South Carolina, United States of America, for Gerald Vincent Locker, Jr. and Stephanie Jean Bowzard Locker, married on 21 April 2008 in Charleston, South Carolina.
        • The marriage document stated both spouses were Caucasian.
      • They also submitted the accomplished Impormasyon para sa Birth Certificate form stating that:
        • AAA was born to Gerald Vincent Locker, Jr. and Stephanie Jean Gaskins;
        • The parents were American citizens; and
        • Alvarez was the midwife who assisted in AAA’s birth.
    • Preparation and signing of AAA’s birth certificate
      • Gadgode prepared AAA’s birth certificate containing entries including:
        • Date of birth: (blotted)
        • Place of birth: (blotted)
        • Mother’s maiden name: Stephanie Jean Gaskins
        • Mother’s citizenship: American
        • Father’s name: Gerald Vincent Locker Jr.
        • Father’s citizenship: American
        • Parents’ marriage date: April 21, 2008
        • Place of marriage: Charleston, South Carolina, United States of America
        • Attendant: Midwife
        • Certification of attendant and signature: Alvarez was indicated as attendant/midwife and signed the certificate.
        • Certification of informant and signature: Locker was indicated as informant and signed the certificate as “Relationship to the child: Mother.”
      • After preparing the certificate:
        • Gadgode showed it to Locker and asked Locker to check the entries.
        • Locker said there was no error in the entries.
        • Gadgode asked Locker to sign; Locker acceded.
        • Gadgode asked Alvarez to sign since Alvarez’s name was indicated as attendant at birth.
        • Alvarez signed in the presence of Gadgode, Locker, and Stone.
    • Issuance of birth certificate
      • After required fees were paid, Gadgode submitted the birth certificate to Consolada D. Mangmang, the Municipal Civil Registrar.
      • Mangmang signed it.
      • AAA’s birth certificate was thereafter issued to Locker.
    • Police investigation for spurious birth certificate
      • At about 1 p.m. on 24 March 2015, SPO4 Imelda G. Salubre (SPO4 Salubre) and other police officers, led by PC/INSP Gamba III, investigated the birth of AAA at the xxxxxxxxxxx Rural Health Unit (RHU) Birthing Clinic.
      • The investigation followed information received from the United States Navy and Criminal Investigation Service (NCIS) that AAA’s birth certificate appeared spurious because the birth mother and father indicated in the certificate were Caucasian while the child appeared to be of Filipino descent.
      • The police examined documents at the RHU and found that Locker did not give birth to AAA on the alleged date and at the alleged RHU birthing clinic.
      • Further investigation revealed that AAA’s biological mother was BBB.
      • The police spoke to Alvarez and asked if she was the midwife who attended AAA’s birth.
      • Alvarez did not directly answer the question but admitted that Locker approached her to assist in registering AAA’s birth, and that she agreed.
      • Alvarez told the police that AAA was in petitioner’s custody.
      • Alvarez stated that petitioner was the stepmother of Stone and that Stone was Locker’s friend.
      • Alvarez informed the police that petitioner was in xxxxxxxxxxx.
    • Rescue and custody of AAA
      • The police went to petitioner’s first residence but learned petitioner had already transferred residences.
      • The police proceeded to petitioner’s new residence.
      • They found AAA in petitioner’s custody at the new residence in xxxxxxxxxxx.
      • Petitioner claimed that Locker left AAA in her custody because Locker could not bring the child outside the country since the child’s documents were still being processed.
      • The police took AAA and turned her over to Maria Bernardita N. Quinajo, the Municipal Social Worker of xxxxxxxxxxx.
    • Filing of complaints and theory against petitioner
      • The police thereafter filed complaints for violation of RA 9208, as amended by RA 10364, against petitioner, Alvarez, Locker, and Stone.
      • As to petitioner, the complaint alleged her participation as follows:
        • She acted in conspiracy with the other accused by taking custody of AAA in Locker’s absence; and
        • She failed to inform the Department of Social Welfare and Development (DSWD) or any other government agency that she had custody of AAA, even though she was not AAA’s mother.
  • The defense version of facts
    • Denial of charge and explanation of custody...(Subscriber-Only)

Issues:

  • Main legal issue
    • Whether the CA erred in affirming petitioner’s conviction for Attempted Trafficking in Persons.
  • Sub-issue on the nature of the question raised
    • Whether petitioner’s contention involved ques...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)
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