Case Digest (G.R. No. 177727)
Facts:
In People of the Philippines vs. Luisa Daguno y Codog, G.R. No. 235660, decided January 24, 2022, the accused-appellant, Luisa Daguno y Codog (“Nanay Jacky”), was charged before Branch 9 of the Regional Trial Court (RTC), Manila, with Qualified Trafficking in Persons under Section 4(a) in relation to Section 6(a) of R.A. 9208 (Anti-Trafficking in Persons Act of 2003). The Information alleged that on or about August 5, 2011, in Manila, she “willfully, unlawfully and knowingly recruited, transported, transferred and delivered” AAA, a 15-year-old minor runaway, “to an unknown person . . . for purposes of prostitution and sexual exploitation.” During trial, the prosecution presented AAA’s testimony that on July 10 and July 24, 2011, Nanay Jacky met AAA and her friend, introduced AAA to male customers in Sampaloc and Recto, brought her to a hotel and a lodge where sexual intercourse occurred in exchange for money (P 800.00 and P 700.00), and received a fee for negotiating with the clCase Digest (G.R. No. 177727)
Facts:
- Charging and Arraignment
- On August 5, 2011, the Regional Trial Court (RTC), Manila, Branch 9, filed an Information charging Luisa Daguno y Codog (“accused-appellant”) with Qualified Trafficking in Persons under Section 4(a) in relation to Section 6(a) of Republic Act No. 9208 for recruiting, transporting, transferring and delivering a 15-year-old minor (“AAA”) to an unknown person for purposes of prostitution.
- Accused-appellant pleaded not guilty upon arraignment on March 12, 2012.
- Prosecution Evidence
- July 10, 2011 incident: AAA, a runaway minor, was with friends in Sampaloc, Manila, when accused-appellant (“Nanay Jacky”) brought them to Espana, introduced AAA to “Pressure,” led her to a hotel room where they had sexual intercourse, and gave AAA ₱800 afterward.
- July 24, 2011 incident: At Isetann Mall, Recto, Manila, accused-appellant and a man brought AAA and another girl to Anthony Lodge; AAA engaged in sexual intercourse and received ₱700 (₱100 deducted as accused-appellant’s fee).
- Final Attempt and Arrest
- August 5, 2011 attempt: Accused-appellant met AAA and another minor at Isetann Mall, insisted on pimping them, prompting AAA to call her mother.
- Barangay officials and AAA’s mother arrested accused-appellant around 4:00 p.m.
- Medical Examination and Defense
- Philippine General Hospital medical exam: No visible injuries but could not exclude sexual abuse.
- Accused-appellant’s defense: Denied charges, claimed presence at mall to look for her grandson, and asserted wrongful arrest around 5:00 p.m.
- Decisions Below
- RTC Judgment (July 25, 2016): Convicted; imposed life imprisonment, ₱2,000,000 fine, ₱75,000 moral damages, and ₱30,000 exemplary damages.
- Court of Appeals (CA) Decision (August 29, 2017): Affirmed with modification—moral damages increased to ₱500,000 and exemplary damages to ₱100,000, both with 6% interest per annum.
Issues:
- Variance in Date
- Whether the discrepancy between the date alleged in the Information (August 5, 2011) and the dates established at trial (July 10 and 24, 2011) invalidates the Information or deprives accused-appellant of due process.
- Sufficiency of Alleged Acts (“Provide” vs. “Deliver”)
- Whether omission of the word “provide” in the Information, replaced by “deliver,” failed to inform accused-appellant of the nature and cause of the accusations.
- Sufficiency of Evidence
- Whether the prosecution proved guilt beyond reasonable doubt given the variance in dates.
- Whether the acts established at trial constitute Qualified Trafficking in Persons under RA 9208.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)