Case Digest (G.R. No. 232358)
Facts:
People of the Philippines v. Belina Bawalan y Molina, BBB and CCC, G.R. No. 232358, May 12, 2021, the Supreme Court Third Division, Hernando, J., writing for the Court.The prosecution (plaintiff-appellee) charged accused-appellants Belina Bawalan y Molina (Bawalan), BBB (the victim’s mother), and CCC (the victim’s fatherly figure) with Qualified Trafficking in Persons under Sections 6(c) and (d), penalized under Section 10 of Republic Act No. 9208 arising from an incident on or about January 29, 2009. The Information alleged that the accused, by means of fraud and by taking advantage of the victim AAA’s vulnerability, promoted, facilitated or induced the minor AAA into prostitution and other sexual exploitation in exchange for money.
At trial the victim AAA testified that she lived with her mother BBB and CCC; that Bawalan (identified in court as “Nanay Lita”) and the others would pimp her whenever the family had no food; and that on the night in question Bawalan received money from a man (later identified as poseur-customer PO1 Intoy) and instructed AAA to go with him. Police subsequently arrested the accused during an anti-prostitution operation and took AAA and the accused to the station; AAA executed a sworn statement recounting prior instances of being pimped (she referenced five or more occasions), being taken to motels and a cemetery where she was videotaped naked, and being paid portions of the customers’ proceeds. Police witness Officer Eleanor Pabion testified regarding a pre-arranged sting in which PO1 Intoy acted as poseur-customer and handed marked money to Bawalan; she described the arrest and transport of the parties to the station, though she had limited recollection of whether the money bore markings before the operation.
The accused denied the charges. BBB and CCC described being at the area to eat and rest and denied knowledge of prostitution; they suggested media presence and alleged improprieties by police (including that money may have been placed by officers). Bawalan denied knowing the victim and said she was selling balut that night and was arrested unexpectedly.
The Regional Trial Court (RTC), Branch 78, Morong, Rizal, in a March 4, 2014 Decision found the accused guilty beyond reasonable doubt of Qualified Trafficking in Persons, giving credence to AAA’s testimony and Officer Pabion’s account, and noting AAA’s vulnerability; it sentenced each accused to life imprisonment, imposed a P2,000,000.00 fine each, and or...(Subscriber-Only)
Issues:
- Whether the inconsistencies in the victim’s and police witnesses’ testimonies render the prosecution’s evidence insufficient to sustain conviction.
- Whether the failure to present the poseur-customer (PO1 Intoy) as a prosecution witness fatally undermines the case.
- Whether the elements of Qualified Trafficking in Persons under RA 9208 (including the qualifying circumstances under Sections 6(c) and (d)...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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