The Supreme Court affirmed the conviction of Shirley A. Casio for qualified trafficking in persons, emphasizing that a minor’s consent is irrelevant under Republic Act No. 9208. The court differentiated between entrapment and instigation, finding that Casio was predisposed to committing the crime. This ruling underscores the state’s commitment to protecting vulnerable individuals from exploitation, even when victims appear to consent to the act.

“Chicks Mo Dong?”: When a Casual Question Leads to a Trafficking Conviction

This case revolves around the conviction of Shirley A. Casio for violating Republic Act No. 9208, also known as the “Anti-Trafficking in Persons Act of 2003.” Casio was accused of recruiting two minors, AAA and BBB, for prostitution in Cebu City. The incident occurred on May 2, 2008, when police operatives, in coordination with International Justice Mission (IJM), conducted an entrapment operation. PO1 Luardo and PO1 Veloso, acting as decoys, encountered Casio in a known red-light district. Casio approached them, asking “Chicks mo dong?” (Do you like girls, guys?). This question set in motion a series of events that led to her arrest and subsequent conviction.

The police officers inquired about young girls to entertain their guests, and Casio assured them she could provide such services. She returned with AAA and BBB, offering their services for P500.00 each. After agreeing to the price, the officers lured Casio to a motel room where she was arrested. AAA, one of the minors, testified that she was 17 years old at the time and had been working as a prostitute to support her family. The trial court found Casio guilty of trafficking in persons, a decision affirmed by the Court of Appeals. The Supreme Court then reviewed the case, focusing on the validity of the entrapment operation and whether the prosecution had proven Casio’s guilt beyond reasonable doubt.

The accused argued that the police had instigated her, rather than merely entrapping her, and that her actions did not constitute trafficking since one of the girls admitted to being a prostitute. She further claimed the police didn’t conduct prior surveillance. The Supreme Court, however, disagreed. The court clarified the distinction between entrapment and instigation, explaining that entrapment occurs when law officers employ ruses to apprehend a criminal already predisposed to committing a crime. Instigation, on the other hand, involves law enforcement conceiving and suggesting the crime to the accused.

There is entrapment when law officers employ ruses and schemes to ensure the apprehension of the criminal while in the actual commission of the crime. There is instigation when the accused is induced to commit the crime. The difference in the nature of the two lies in the origin of the criminal intent. In entrapment, the mens rea originates from the mind of the criminal. The idea and the resolve to commit the crime comes from him. In instigation, the law officer conceives the commission of the crime and suggests to the accused who adopts the idea and carries it into execution.

The court found that Casio initiated the transaction by asking the officers if they wanted girls, indicating a predisposition to commit the crime. Even without prior surveillance, the entrapment was deemed valid because the police did not induce Casio to commit the offense; they merely provided an opportunity for her to act on her existing criminal intent. The court emphasized that under Republic Act No. 9208, the victim’s consent is irrelevant. The law specifically addresses trafficking in persons regardless of whether the victim consents or is aware of the exploitation.

Republic Act No. 9208 defines trafficking in persons as the recruitment, transportation, transfer, or harboring of persons, with or without their consent, for the purpose of exploitation, including prostitution. The law aims to combat modern-day slavery and protect vulnerable individuals, especially women and children, from exploitation. This law was enacted to fulfill the country’s commitment to the United Nations “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children”. Senator Luisa Ejercito Estrada described trafficking in persons as “modern-day slavery at work.”

The elements of trafficking in persons under Section 3(a) of Republic Act No. 9208 are:
(1) The act of “recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders.”
(2) The means used which include “threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another; and
(3) The purpose of trafficking is exploitation which includes “exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.”

The court highlighted the importance of flexibility in police operations, especially in cases involving trafficking, where the urgency of rescuing victims may require immediate action. It noted that prior surveillance is not a mandatory requirement for a valid entrapment operation. The Supreme Court underscored the importance of protecting minors from exploitation and ensuring that their consent is not a factor in determining the guilt of traffickers. The court affirmed the Court of Appeals’ decision but modified the award of damages, increasing moral damages to P500,000.00 and awarding exemplary damages of P100,000.00 to each of the victims. The fine of P2,000,000.00 was maintained, consistent with Republic Act No. 9208.

FAQs

What was the key issue in this case?	The key issue was whether the accused, Shirley A. Casio, was validly convicted of trafficking in persons under Republic Act No. 9208, considering her claims of instigation and the alleged victim’s admission of being a prostitute. The Supreme Court had to determine whether the entrapment operation was valid and if the prosecution proved her guilt beyond reasonable doubt.
What is the difference between entrapment and instigation?	Entrapment occurs when law enforcement provides an opportunity for someone already predisposed to commit a crime to do so, while instigation involves inducing someone to commit a crime they would not otherwise have committed. The distinction lies in the origin of the criminal intent; in entrapment, the intent originates with the criminal, while in instigation, it originates with the law enforcement officer.
Is the victim’s consent a defense in trafficking cases under Republic Act No. 9208?	No, the victim’s consent is not a defense under Republic Act No. 9208. The law specifically states that trafficking in persons can occur with or without the victim’s consent, as the exploitation involves coercion, deception, or abuse of power, rendering any apparent consent meaningless.
Is prior surveillance required for a valid entrapment operation in trafficking cases?	No, prior surveillance is not a mandatory requirement for a valid entrapment operation. The Supreme Court has recognized the need for flexibility in police operations, especially in cases involving trafficking, where immediate action may be necessary to rescue victims.
What are the penalties for qualified trafficking in persons under Republic Act No. 9208?	Any person found guilty of qualified trafficking in persons under Section 6 of Republic Act No. 9208 shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00).
What are the acts considered as trafficking in persons under Republic Act No. 9208?	Section 4 of Republic Act No. 9208 defines acts of trafficking to include recruiting, transporting, transferring, harboring, providing, or receiving a person by any means for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude, or debt bondage.
What constitutes qualified trafficking in persons under Republic Act No. 9208?	Qualified trafficking occurs when the trafficked person is a child, when the adoption is effected through the Inter-Country Adoption Act for exploitative purposes, or when the crime is committed by a syndicate or in large scale, among other circumstances.
What was the basis for awarding moral and exemplary damages in this case?	The award of moral and exemplary damages was based on Article 2219 of the Civil Code, which allows for moral damages in cases analogous to seduction, abduction, rape, or other lascivious acts. The court considered trafficking as a prostitute to be a worse offense and justified the award of exemplary damages due to the aggravated nature of the crime, which was committed by a syndicate.

This case reaffirms the Philippines’ commitment to combating human trafficking and protecting vulnerable individuals, especially minors, from exploitation. It underscores the importance of distinguishing between entrapment and instigation in law enforcement operations and clarifies that a victim’s consent is not a defense in trafficking cases. The Supreme Court’s decision serves as a reminder that human trafficking is a grave offense that warrants severe penalties.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. SHIRLEY A. CASIO, ACCUSED-APPELLANT., G.R. No. 211465, December 03, 2014