LOPEZ, J., J.:
That on or about April 6, 2016, in the City of xxxx, Philippines, the said accused for the purpose of exploitation, which includes at a minimum, the exploitation or the prostitution or other forms of sexual exploitation, did then and there willfully, unlawfully, feloniously and knowingly commit acts of trafficking in person against one [AAA][5] minor, 13 ears old, assisted by her mother, [BBB], and a resident of xxxxxxxxxxx, xxxx, by then and there recruiting, obtaining, hiring, providing, offering, transporting, transferring, maintaining, harboring[,] or receiving her with or without her consent as prostitute and taking advantage of the vulnerability of the said [AAA], and in fact brought her to Victoria Court located at Pasay City, for money, by offering her services to a man in exchange of [PHP 4,000.00], to perform exploitation or prostitution or other forms of sexual exploitation to the said [AAA], to her damage and prejudice.
Contrary to law.[6] (Emphasis in the original)
That on or about April 9, 2016, in the City of xxxx , Philippines, the said accused for the purpose of exploitation, which includes at a minimum, the exploitation or the prostitution or other forms of sexual exploitation, did then and there willfully, unlawfully, feloniously and knowingly commit acts of trafficking in person against one [AAA], a minor, 13 years old, assisted by her mother, [BBB], and a resident of xxxxxxxxxxx, xxxx by then and there recruiting, obtaining, hiring, providing, offering, transporting, transferring, maintaining, harboring[,] or receiving her with or without her consent as prostitute and taking advantage of the vulnerability of the said [AAA], and in fact brought her to a Condominium unit near Rizal Coliseum, for money, by offering her services to a man in exchange of [PHP 3,500.00], to perform exploitation or prostitution or other forms of sexual exploitation to the said [AAA], to her damage and prejudice.
Contrary to law.[7] (Emphasis in the original)
That on or about April 16, 2016, in the City of xxxxxxx, Philippines, the said accused for the purpose of exploitation, which includes at a minimum, the exploitation or the prostitution or other forms of sexual exploitation, did then and there willfully, unlawfully, feloniously and knowingly commit acts of trafficking in person against one [AAA], a minor, 13 years old, assisted by her mother, [BBB], and a resident of xxxxxx xxxxxx , xxxxxx , by then and there recruiting, obtaining, hiring, providing, offering, transporting, transferring, maintaining, harboring[,] or receiving her with or without her consent as prostitute and taking advantage of the vulnerability of the said [AAA], and in fact brought her to Imus, Cavite, for money, by offering her services to a man to perform exploitation or prostitution or other forms of sexual exploitation to the said [AAA] to her damage and prejudice.The prosecution moved for the consolidation of the three cases, which was granted by the RTC.[9] When arraigned, CaƱas pleaded not guilty to the offenses charged.[10] Pre-trial and trial on the merits ensued.
Contrary to law.[8] (Emphasis in the original)
WHEREFORE, premises considered, this Court finds accused VERGEL CAĆAS [y] GANALON GUILTY beyond reasonable doubt, for three (3) counts of the crime of Violation of Section 4 (a) in relation to Section 6 (a) of [Republic Act No.] 9208 as amended by [Republic Act No.] 10364 and hereby imposes the penalty of life imprisonment and a fine of Two Million Pesos ([PHP 2,000,000.00]) each case.Aggrieved by the RTC Joint Decision, CaƱas filed an appeal before the CA contending that the prosecution failed to prove all the elements of qualified trafficking in persons, that the testimony of AAA is not credible, and that the RTC erred in dismissing his defense of denial and alibi.
In addition, the accused is further ordered to indemnify the private complainant Five Hundred Thousand Pesos ([PHP 500,000.00]) as moral damages and Two Hundred Thousand Pesos ([PHP 200,000.00]) as exemplary damages.
No costs.
SO ORDERED.[24] (Emphasis in the original)
WHEREFORE, premises considered, the Appeal is DENIED. The Joint Decision dated 04 March 2020 issued by the Regional Trial Court, National Capital Judicial Region, Branch xxxxxx, xxxxxxxxxxx City in Crim. Case No. 16-327865-67 is AFFIRMED with MODIFICATION.Hence, CaƱas filed the instant appeal.
Accordingly, appellant must pay the victim [PHP 500,000.00] as moral damages and [PHP 100,000.00] as exemplary damages, which shall earn legal interest of 6% per annum from finality of this judgment until full payment thereof.
IT IS SO ORDERED.[26] (Emphasis and italics in the original)
Q: | So let's go now, what happened next after you went to Manila? |
A: | At around 2 o'clock p.m. we went to Vergel, ma'am. |
Q: | What date was that? |
A: | April 6, 2016 ma'am. |
Q: | Where is that house located? |
A: | Along xxxxxxxxxxx Manila, ma'am. |
Q: | Why did you go to the house of the accused? |
A: | Accused called up Alrose telling her that there are clients. |
Q: | What happened then after you went to the house of the accused? |
A: | She made us take a bath, ma'am. |
.... | |
Q: | After taking a bath and going back to the house of the accused, what happened next? |
A: | Binihisan niya po kami. |
.... | |
Q: | What happened next after he lent you his women's clothes? |
A: | He put make up on us. |
Q: | What happened next after he put make up on both of you? |
A: | At the time that he was doing the make up, a client called him up. |
Q: | Did you hear the conversation between this client and the accused? |
A: | Yes, ma'am. |
Q: | What happened next after the call was received by the accused? |
A: | He informed us that we were leaving, ma'am. |
Q: | Who informed you that you will be leaving? |
A: | Vergel, ma'am. |
Q: | Where will you proceed at that time? |
A: | In Makati Square, ma'am. |
Q: | Who told you that you will be going to Makati Square? |
A: | Vergel, ma'am. |
Q: | How many of you will be going to Makati Square? |
A: | Just the three (3) of us, ma'am. |
Q: | Who are these three (3) of you? |
A: | Me, Vergel and Alrose, ma'am. |
. . . . | |
Q: | Were you able to arrive at Makati Square? |
A: | Yes, ma'am. |
. . . . | |
Q: | What happened then after you alighted from the taxi? |
A: | We made a round at the mall when we alighted from the taxi and then we were told to wait for two (2) hours because we were waiting for someone, ma'am. |
. . . . | |
Q: | After waiting for two (2) hours at the mall in Makati Square, what happened next? |
A: | Again, somebody called up and we were instructed to go straight to Victoria Court. |
Q: | What kind of transportation did you take in going to this Victoria Court? |
A: | Taxi, ma'am. |
. . . . | |
Q: | Were you able to arrive at Victoria Court? |
A: | Yes, ma'am. |
Q: | What happen then after you arrived at the said Victoria Court located in xxxxxxxx? |
A: | When we arrived at the said Victoria Court along xxxxxxxx Avenue we went to the Velvet Room. |
Q: | Who went to that Velvet Room, the three (3) of you instantly? |
A: | Yes, ma'am. |
Q: | What happened then after you went to that Velvet Room of Victoria Court? |
A: | Vergel went upstairs to the room. |
Q: | What happened to you and Alrose at that time? |
A: | We were just waiting for him at the taxi. |
Q: | What will Vergel do at the second floor of that Victoria Court? |
A: | He just told us that he will get the budget. |
Q: | What do you mean by budget? |
A: | It is for the payment for the job that we will be doing or rendering. |
. . . . | |
Q: | Now, we go back to that situation when you were already at Victoria Court. The accused went upstairs to get the fee, payment for your services, what happened next after he took that money from the second floor of that Victoria Court? |
A: | He came down to fetch us, ma'am. |
Q: | What happened next after he fetched you from the taxi? |
A: | He was holding on to the money and then he hit me with the money in my forehead, ma'am. |
Q: | Did you come to know the amount of money he was then holding at that time which he used in hitting you in your forehead? |
A: | Yes, ma'am. |
Q: | How much money was that? |
A: | Ten thousand ([PHP 10,000]) pesos. |
Q: | After he hit you with the said money what happened next? |
A: | We went upstairs ma'am. |
Q: | When you went upstairs, was Vergel with you? |
A: | Yes, ma'am. |
Q: | So how many went upstairs? |
A: | The three (3) of us, ma'am. |
Q: | Who were with you at that time? |
A: | Me, Vergel and Alrose. |
Q: | When you went upstairs where did you go? |
A: | We entered a room, ma'am. |
Q: | Can you still remember the number of that room? |
A: | No, ma'am, it's a Velvet Room. |
Q: | So what happened after you went inside the room? |
A: | Upon reaching the said Velvet Room upstairs, Vergel CaƱas introduced us to whom he identified as the client. |
Q: | How old was the client at that time, if you can remember? |
A: | Around 40 years old, ma'am. |
Q: | Aside from introducing the client to both of you, did the accused say anything else? |
A: | Yes, ma'am. |
Q: | What did he say? |
A: | Enjoy your meal. |
.... | |
Q: | Now, can you tell us again how old was Alrose at that time? |
A: | 14 years old, ma'am. |
Q: | And you were then how old? |
A: | 13 years old, ma'am |
Q: | Where was the client at that time? |
A: | He was on the same bed, ma'am. |
Q: | What happened after you went to the bed? |
A: | He held on to Alrose. |
Q: | Who hold Alrose? |
A: | The client ma'am, JC held on to Alrose. |
Q: | What about you? |
A: | He also held me, ma'am. |
Q: | And where did this client bring you? |
A: | In the same bed, ma'am. |
Q: | What happened then after you were brought to the bed by the client JC? |
A: | I held on to Alrose and then I was feeling nervous and asked her why is this happening. |
Q: | And what happened next? |
A: | Alrose have a sex with the client JC. |
Q: | What about you did you also have [sex] with the client, JC? |
A: | Yes, ma'am. |
Q: | Prior to the sexual intercourse to both of you, were there any other things that this client asked you to do? |
A: | There is ma'am. |
Q: | And what was that? |
A: | The client instructed Alrose to "bj" him. |
Q: | What do you mean by "bj"? |
A: | "Blow job", ma'am. |
Q: | Did Alrose perform that "blow job" on the client? |
A: | Yes, ma'am. |
Q: | What about you, did this client ask you also to do a "blow job" on him? |
A: | Yes, ma'am. |
` | |
Q: | After the "blow job", you had sexual intercourse with him? |
A: | Yes, ma'am. |
Q: | But it was Alrose first who had sexual intercourse and then you? |
A: | Yes, ma'am. |
. . . . | |
Q: | How much money did he give you? |
A: | Four thousand ([PHP4,000.00]) pesos each, ma'am. |
Q: | [PHP4,000.00] for you and [PHP 4,000] for Alrose? |
A: | Yes, [PHP 4,000] each, ma'am.[28] |
Q: | Now, what happened next after this first incident on April 6, 2016, did the accused call you up again? |
A: | Yes, ma'am. |
Q: | And that was on April 9, 2016? |
A: | Yes, ma'am. |
. . . . | |
Q: | What did the accused tell you in that conversation? |
A: | I did not hear him but I was instructed then by Alrose to dress up as told to her by Vergel. |
Q: | Both of you dressed up at that time? |
A: | No, only me, ma'am. |
. . . . | |
Q: | After dressing up what happened next? |
A: | We went to the house of Vergel, ma'am. |
. . . . | |
Q: | Later on you said that you took a taxi? |
A: Q: A: | Yes, ma'am. Where were you going at that time did you come to know? No, ma'am. When we reached the place when I came to know where we were going. |
. . . . | |
Q: | You said you only came to know when you were already there at the place? |
A: | Yes, ma'am. |
Q: | And what was that place? |
A: | The Beacon Tower, ma'am. |
. . . . | |
Q: | And when you arrived at Beacon Tower, what did Vergel do? |
A: | We rode an elevator going up, ma'am. |
. . . . | |
Q: | Were you able to reach that room at the 36th floor? |
A: | Yes, ma'am. |
Q: | What happened next after you reached that floor? |
A: | We entered the room, ma'am. |
Q: | You entered the room? |
A: | Yes, ma'am. |
Q: | Who opened the room? |
A: | A guy he calls Tito. |
. . . . | |
Q: | What happened next after this man called Tito opened the door? |
A: | We entered the room, ma'am. |
Q: | You immediately entered the room? |
A: | Yes, ma'am. The three (3) ofus entered the room. |
Q: | What happened then after you entered the room? |
A: | I was introduced by Vergel, ma'am. |
Q: | How were you introduced at that time? |
A: | Sinabi niya ako daw po yung girl na pinasa niya sa viber. |
Q: | After Vergel said that to the man that you are indeed the girl whose picture was passed on through the viber, what happened next? |
A: | This Tito handed over to Vergel money. |
Q: | Were you able to come to know the amount of this money? |
A: Q: A: | Yes, ma'am. How much? Three thousand five hundred ([PHP 3,500.00]) pesos, ma'am. |
Q: | What was the purpose of that money? |
A: | Payment for my services, ma'am. |
Q: | What happened next after the money was handed to Vergel? |
A: | Vergel instructed me to do what I did to JC before. |
Q: | After saying that both of them left the room? |
A: | Yes, and they were holding on to the money, ma'am. |
Q: | So what happened next after you were left inside the room with this Tito? |
A: | He undressed me, ma'am. |
Q: | Incidentally, when Vergel told you to "gawin mo iyong ginawa mo dati", what did you understand with that statement? |
A: | To have sex with him. Everytime po kasi na gagawin ko iyon or ni Alrose bigla na lamang po niya sasabihin na bibiglain nya na lang po kami pag andoon na kami sa situation na iyon. |
. . . . | |
COURT | |
Q: | So in other words, what you are trying to say is that, whenever you go for a work, you will only be told that you will have a sexual service right in the place where the same will be performed? |
A: | Yes, Your Honor. |
PUBLIC PROSECUTOR | |
Q: | After you were undressed you had sex with this Tito? |
A: | He held me in my body, ma'am. |
Q: | After holding on to your body, what happened next? |
A: | He kissed my vagina, ma'am. |
??? | |
Q: | After kissing that what happened next, you had sex in other words? |
A: | No, ma'am. Kinain niya po. |
Q: | What do you mean by "kinain"? |
A: | Kinain niya po iyong vagina ko. |
Q: | After '"kinain niya iyong vagina", what happened next? |
A: | He had sex with me. |
Q: | Did this Tito ask you to perform any "blow job"? |
A: | No, ma'am. |
Q: | What happened next after you had sexual intercourse with this Tito? |
A: | The client texted Vergel. |
Q: | What was the text all about, if you know? |
A: | He asked Vergel to pick me up, ma'am. |
. . . . | |
Q: | Did Vergel pick you up? |
A: | Yes, ma'am. |
Q: | Did he ay anything when he picked you up? |
A: | None, ma'am. |
Q: | Where did he pick you up? |
A: | At the lobby of the Beacon Tower, ma'am. |
Q: | What happened next after you were picked up at the lobby? |
A: | He handed over to me the money. |
Q: | How much did he give you? |
A: | Two thousand five hundred ([PHP 2,500.00]) pesos, ma'am.[29] |
Q: | This third incident that happened on April 16, 2016, where did it happen, if you can still remember? |
A: | Yes, ma'am. |
Q: | Where were you on April 16, 2016, if you can still remember? |
A: | xxxx,Cavite, ma'am. |
Q: | How were you able to get there in xxxx, Cavite? |
A: | We were fetched, ma'am. |
Q: | Who fetched you? |
A: | The driver of the client fetched us, ma'am... |
Q: | Where did the driver fetch you? |
A: | Along xxxxxx Street, ma'am. |
???? | |
Q: | Whose house did he fetch you? |
A: | Because the said vehicle cannot enter xxxxxxxxxxx Street because of its narrowness, we were waited by the said driver at the corner of xxxxxxxxxxx Street, ma'am. |
Q: | But before the driver fetch you at the corner of xxxxxxxxxxx Street, you met first at the house of the accused, am I correct to say that? |
A: | Yes ma'am. He dressed us up there first, and he put make up and colored my hair, ma'am. |
. . . | |
Q: | Where did you go? |
A: | We went to a place, I do not know at first that it is already in xxxx Cavite. I just came to hear from them that it is already xxxx ma'am. Hindi ko pa po alam 'nung una sa swimming pool po 'yun kasi sobrang laki niya po. We went to a place with so many cars parked. It seems that the owner of the place is engaged into buy and sell of the cars, ma'am. Kasi sobrang dami po talagang sasakyan. |
. . . . | |
Q: | What then happened upon entering the house with swimming pool? |
A: | We were made to change to our swimsuits, ma'am. |
Q: | Who asked you? |
A: | Vergel, ma'am. |
Q: | What happened after Vergel asked you to change to swim wear? |
A: | We swam there and then after that took some drinks, ma'am. |
Q: | Did you also drink? |
A: | Yes, ma'am. Beer, ma'am. |
Q: | What else happened while drinking some alcoholic beverages? |
A: | After some swimming and some beer drinking, I was asked to get out of the water, ma'am. Then, sabi niya pumasok daw po ako sa room ni Mike. |
Q: | Who asked you to leave the water and enter a room? |
A: | Vergel, ma'am. |
Q: | Did you follow the order of Vergel? |
A: | Yes, ma'am. |
Q: | You went to the room? |
A: | Yes, ma'am. |
Q: | What happened then when you went inside the room? |
A: | A certain Mike undressed me, ma'am. |
Q: | And then what happened after this Mike undressed you? |
A: | He kissed me, ma'am. |
Q: | Where did he kiss you? |
A: | In my breasts, ma'am. |
Q: | What else did he do to you after kissing your breasts? |
A: | My vagina, ma'am. |
Q: | Aside from kissing your breasts and your vagina, what else did he do to you? |
A: I had sex with this Mike, ma'am. | |
Q: | What happened next after having sex with this Mike? |
A: | After that, I went out of the room and returned to our room, the room where Vergel and the others are staying, ma'am. |
Q: | Did you see Vergel in the room? |
A: | Yes, ma'am. |
Q: | And what did he say to you, if any, when you entered the room you shared with Vergel? |
A: | Nothing, ma'am. They were resting already, ma'am. |
Q: | After that you just slept? |
A: | Yes, ma'am. Then, after, the morning came, ma'am. |
Q: | What happened on the following day? |
A: | Ginising na po kaming lahat para umuwi, mga 9:00 a.m. po. |
Q: | Did you confront Vergel about this incident that happened the night before? |
A: | No, because he was sleeping then, ma'am. 'Nung umaga na po. |
Q: | When Vergel woke up, did you talk to him? |
A: | Yes, ma'am. He told me that the money will be send tomorrow, ma'am. |
Q: | How much money were you expecting then at that time? |
A: | I do not know, ma'am. He did not mention anything. |
Q: | Did Vergel pay you for that sexual services? |
A: | No, ma'am. |
Q: | After these three (3) incidents, did you report it to your mother? |
A: | Yes, ma'am. Nakuha na po nila ako.[30] |
[T]he Court has held that when the issues involve matters of credibility of witnesses, the findings of the trial court, its calibration of the testimonies, and its assessment of the probative weight thereof, as well as its conclusions anchored on said findings, are accorded high respect, if not conclusive effect. This is so because the trial court has the unique opportunity to observe the demeanor of witnesses and is in the best position to discern whether they are telling the truth. Hence, it is a settled rule that appellate courts will not overturn the factual findings of the trial court unless there is a showing that the latter overlooked facts or circumstances of weight and substance that would affect the result of the case.[34]There being no showing that the trial court misconstrued or misapprehended any relevant fact, this Court gives full respect to its findings and conclusion.