G.R. No. 237798 - Raya vs. People

Petitioners Marwin B. Raya and Shiela C. Borromeo filed a Petition for Review on Certiorari before the Supreme Court, assailing the Court of Appeals (CA) Decision (Oct. 19, 2017) and Resolution (Feb. 22, 2018) in CA-G.R. SP No. 143270, which reversed the Regional Trial Court (RTC) Branch 263 of Marikina City’s Resolution (Oct. 5, 2015) in Criminal Case No. 2014-15716-MK that granted their demurrer to evidence and acquitted them.
An Amended Information charged them with Qualified Trafficking in Persons under § 4(e) in relation to §§ 3(a), 3(c), and 6(c) of R.A. No. 9208, as amended by R.A. No. 10364, alleging they recruited, hired, provided, offered, and transported victims AAA, BBB, and CCC by exploiting their poverty for sexual services in exchange for money, with the qualifying circumstance of large-scale commission.

Arraignment: Petitioners pleaded not guilty. Prosecution witnesses included victim CCC and police officers SPO2 Bertillo, PO3 Lace, P/Sr. Supt. Guyguyon, and SPO3 Castroverde.
CCC’s Testimony: CCC, a 27-year-old mother supporting her family through prostitution (“pagbebenta ng laman”), was introduced to petitioners by her friend Rose. Petitioners pimped her four nights weekly at ₱1,200 per customer (₱800 to CCC, ₱400 to petitioners). On March 26, 2014, petitioners recruited five women—including CCC and her companions—in McDonald’s parking lot, Marcos Highway, Marikina. A coordinated PNP-DSWD-IJM entrapment team arrested petitioners at Jollibee later that night.
Police Surveillance and Entrapment:

March 24, 2014: PNP-CIDG conducted a three-hour surveillance near Jollibee Marcos Highway, confirming petitioners’ trafficking activities.
March 26, 2014: SPO2 Bertillo posed as a customer, negotiated with Borromeo on the second floor of Jollibee, tendered marked money, gave a pre-arranged signal (removal of cap) upon a passing patrol car, and effected the arrest of Borromeo and Raya. Evidence money and personal effects were recovered, sealed, and booked at Camp Crame.

Demurrer and RTC Resolution: After the prosecution rested, petitioners filed a demurrer to evidence. RTC Branch 263 granted it on October 5, 2015, citing alleged inconsistencies in police testimonies and CCC’s failure to expressly recount the elements of “recruitment, obtaining, hiring, providing, offering, and transporting.”

The People filed a certiorari petition before the CA, contending RTC’s grant of demurrer was a grave abuse of discretion.
CA Decision (Oct. 19, 2017): Reversed RTC acquittal, nullified the demurrer, and reinstated the case.
CA Resolution (Feb. 22, 2018): Denied petitioners’ motion for reconsideration.
Petitioners elevated the case to the Supreme Court.

Whether the Court of Appeals erred in reversing the RTC’s acquittal of Raya and Borromeo by granting the People’s petition for certiorari, considering the RTC’s demurrer-based acquittal and the constitutional protection against double jeopardy.