Facts:
On or before March 15, 2018, in xxxxxxxxxxxxxxxxx and within the jurisdiction of the court,
Hyo Soon Kim (a.k.a. “Rocks”),
XXX276117, and
YYY276117 were charged with
qualified trafficking in persons under
Section 4(a) in relation to
Section 3(b), (c), and (h),
Section 6(a) and
Section 10(c) of
Republic Act No. 9208, as amended by
Republic Act No. 10364. The Information alleged that the accused conspired and mutually aided one another in obtaining, providing, and offering
AAA276117, a sixteen-year-old minor, through
taking advantage of her vulnerability by reason of her minority, poverty, and the parents’ ascendancy, and then
pandering her to co-accused Kim for
sexual exploitation in exchange for money, profit, and other consideration, to the damage and prejudice of the minor-victim. During arraignment, Kim, XXX276117, and YYY276117 entered
pleas of not guilty. During pre-trial, the parties stipulated, among others, the court’s jurisdiction, the minor’s age, the authenticity of her Certificate of Live Birth, that XXX276117 and YYY276117 were the minor’s parents, the lack of a search warrant or warrant of arrest at the time of the parents’ arrest, and the authenticity of coordination and arrest-related documents; they also stipulated documentary facts regarding NBI coordination and the arrest records. Kim filed a petition for bail that was denied after hearing, and reconsideration was likewise denied. At trial,
AAA276117 narrated that Kim, a family friend who frequently visited since she was young, initially gave her family money and later escalated his conduct starting around November 2017, when he expressed romantic interest, repeatedly visited the household more often, stayed overnight, and insisted she be near him during drinking sessions; she said he touched her private parts, forced kissing, and conditioned money on sexual compliance, with episodes in December 2017, January and February 2018, and up to March 2018. She further testified that her parents scolded and pressured her whenever Kim was upset, allegedly warning her that she would “suffer in poverty” if she refused, and she stated that during drinking sessions her parents did not intervene even when they saw Kim sexually harassing her. Her account culminated in the incident of March 15, 2018, when she arrived home to find Kim drinking with family members; she later went to a room, and she was awakened when NBI agents entered and she discovered Kim sleeping beside her and embracing her; the NBI agents arrested Kim.
BBB276117, who served as interpreter and allegedly knew of the parents’ participation in offering the minor to Kim, testified that the family facilitated the arrangement and that Kim told BBB276117 that he liked the minor and required sexual intercourse first in order to give her a birthday celebration and to provide promised support. BBB276117 also testified that she executed a Sinumpaang Salaysay and that, on March 13, 2018, she and AAA276117 went to the NBI to file a complaint, prompting a rescue operation. NBI agents formed a team that proceeded to the house, observed Kim and the parents during drinking sessions, and at around midnight on March 13 and again on March 15, after Kim entered the room where the minor slept and started touching her, the team entered and rescued AAA276117 and arrested Kim and the parents.
SA Santiago and
SA Dela Cruz corroborated the observations and the rescue circumstances; SA Dela Cruz also testified that video footage of the arrest and rescue was presented in open court. The defense denied the charges. Kim claimed extortion and that the complaint was orchestrated by BBB276117 and NBI agents to demand large sums of money; he denied soliciting sexual favors from the minor and admitted only giving small amounts. The parents also denied offering the minor; XXX276117 and YYY276117 claimed the family relationship was friendly and that the NBI raid resulted in harassment; YYY276117 alleged she could not speak English and denied receiving money from Kim, while admitting relatives received gifts. The defense also relied on alleged retractions or affidavits of desistance executed by BBB276117 and the family. The RTC, dated February 14, 2020, convicted Kim, XXX276117, and YYY276117 of
qualified trafficking in persons and imposed
life imprisonment with fines, with YYY276117 treated as an accomplice in the RTC judgment and ordered damages in favor of AAA276117. On appeal, the
Court of Appeals (December 28, 2022) dismissed the appeal and affirmed the conviction but
modified the classification of YYY276117 from
accomplice to principal conspirator, sentencing her to
life imprisonment as well and ordering solidary damages. During the pendency of Kim’s motion for reconsideration before the CA, Kim died on May 20, 2023; the CA dismissed the criminal case against him due to the extinction of his criminal liability and civil liability ex delicto, and the present appeal proceeded only as to XXX276117 and YYY276117. The Supreme Court resolved the appeal on the merits and sustained the conviction with modifications.
Issues:
Whether the Court of Appeals erred in affirming with modification the conviction of
XXX276117 and
YYY276117 for
qualified trafficking in persons under
Republic Act No. 9208, as amended by
Republic Act No. 10364.
Ruling:
Ratio:
Doctrine: