(The case of People of the Philippines v. Dennis Hernandez, et al., G.R. No. 265754, February 05, 2024)
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AT A GLANCE:
The conviction required proof of: (1) Recruitment, transportation, transfer, harboring, or receipt of persons, with or without consent; (2) use of coercion, deception, or exploitation methods; (3) exploitation for purposes such as sexual exploitation, forced labor, or organ removal; and (4) the victim being under 18 years old. The court confirmed that all these elements were met in this case, establishing the guilt of the accused.
On June 19, 2012, AAA, seventeen (17) years old, was approached by Annonuevo and offered her work which was to clean Annonuevo’s house. Being a street dweller, AAA readily agreed so she could earn money to help her family. Then, Anonuevo left with a promise to return.
On June 23, 2012, Anonuevo returned to fetch AAA. On the way to their location, Anonuevo said that AAA will be cleaning a house different from the one she initially promised. AAA told Anonuevo that she wanted to go home, but the latter reassured her that she would bring her back home immediately after she had cleaned the house. With no money for her own fare, AAA had no choice but to accede.
At around 7:00 p.m. of the same day, AAA and Anonuevo arrived at Hernandez’s house. It was then that AAA learned that Hernandez was Anonuevo’s live-in partner. Anonuevo introduced AAA as her sister. That night, they all slept in a single wooden bed or “papag,” with Anonuevo in the middle. At around 10:00 p.m., AAA was awakened by the moans of Anonuevo and saw her having sexual intercourse with Hernandez. Overwhelmed by fear, AAA covered herself with a blanket. However, at around 11:00 p.m., Anonuevo woke her up and told her that Hernandez wanted to have sex with her. When AAA refused, Anonuevo pulled her hand and whispered that she should agree, or else Hernandez would hurt her. Eventually, Hernandez also had sexual intercourse with AAA.
The following day, or on June 24, 2012, Anonuevo told AAA that she was going to pay her PHP300.00 plus an additional amount after she had received her salary. In response, AAA said that she did not want to stay anymore. She repeatedly pleaded to Anonuevo that she be allowed to go home. Eventually, Anonuevo relented on the condition that AAA would not tell anybody what happened, and that AAA would find another girl equally beautiful and of the same age to give to Hernandez for sexual services. When AAA agreed, Anonuevo promised to bring her home on the morning of June 26, 2012.
Thereafter, AAA went to the National Bureau of Investigation(NBI) to report the incident. The NBI conducted an entrapment operation and arrested Hernandez and Anonuevo.
To controvert the prosecution’s allegations, Hernandez and Anonuevo proffered the defense of denial.
In Criminal Case No. 12-292735, the accused-appellants were found guilty of qualified trafficking in persons under Section 4(a) and Section 6(a) of Republic Act No. 9208. Despite subsequent amendments to the law, the original version applied because the trafficking occurred on June 23, 2012, before these amendments.
The conviction required proof of:
- Recruitment, transportation, transfer, harboring, or receipt of persons, with or without consent.
- Use of coercion, deception, or exploitation methods.
- Exploitation for purposes such as sexual exploitation, forced labor, or organ removal.
- The victim being under 18 years old.
The court confirmed that all these elements were met in this case, establishing the guilt of the accused.
Source:
People of the Philippines v. Dennis Hernandez, et al., G.R. No. 265754, February 05, 2024
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