Case Digest (G.R. No. 229514)
Facts:
People of the Philippines v. Esmeraldo "Jay" Amurao y Tejero, G.R. No. 229514, July 28, 2020, Supreme Court First Division, Caguioa, J., writing for the Court. The plaintiff-appellee is the People of the Philippines; the accused-appellant is Esmeraldo "Jay" Amurao y Tejero (Amurao); his co-accused is Marlyn "Lyn" Dizon Valencia (Valencia).On February 22, 2013, five Information sheets were filed against Amurao and Valencia charging violations of Republic Act No. 9208 (RA 9208) (Anti-Trafficking in Persons) for alleged recruitment and harboring of several women (some minors) for prostitution, and four Informations were filed charging violations of RA 7610 (Special Protection of Children) for child prostitution. Both accused pleaded not guilty. The prosecution's case originated from a report by the International Justice Mission to the National Bureau of Investigation (NBI) alleging that Amurao was prostituting women, including minors, in Balibago, Angeles City.
NBI agents conducted a poseur-customer operation at Natalia Hotel on Fields Avenue. On February 20, 2013, Amurao and Valencia allegedly brought six girls to the agents; marked entrapment money was tendered, Amurao took a P1,000 commission, and the NBI arrested Amurao and Valencia, recovered the marked money, and brought the rescued girls to the Department of Social Welfare and Development (DSWD), where the girls executed sworn statements and were found to be minors (as to some) via birth certificates. Inquest proceedings on February 22, 2013 resulted in prosecution recommendations.
Amurao's defense asserted that the NBI agents induced him (instigation), offered tips, and that he merely tried to procure girls for them; he also argued that, at most, his acts amounted to the white slave trade under Article 341, Revised Penal Code. The Regional Trial Court (RTC), Angeles City, Branch 59, rendered a Decision on November 8, 2013 convicting Amurao in Criminal Cases Nos. 13-9736 (simple trafficking) and 13-9737 and 13-9738 (qualified trafficking involving minors), acquitting or dismissing other counts (some dismissed for double jeopardy), and sentencing him accordingly with orders of indemnification and fines. Valencia was convicted in some cases and acquitted in others.
Amurao appealed to the Court of Appeals (CA) by Notice of Appeal dated November 29, 2013. In its Decision dated December 21, 2015 in CA-G.R. CR.-HC. No. 06499, the CA affirmed the RTC's factual fi...(Subscriber-Only)
Issues:
- Was Amurao's guilt for Trafficking in Persons and Qualified Trafficking in Persons proven beyond reasonable doubt...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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