FACTS

It was alleged in this case that between December 2013 and January 2014, two
women, who were minors both aged fifteen, were recruited from Cotabato City by
the accused, Pedro cargo and an unknown person, and brought to Davao. The two
women did so under the premise that they would be employed as sales persons in a
store in Davao. Instead of doing this work they were required to work as prostitutes
in the streets of Davao. It was alleged that they were only given half of the amount
paid by male customers. The victims had their skin whitened and their breasts
enlarged as part of their beautification.

On November 2013 the National Bureau of Investigation (NBI) received some
information from a concerned citizen that there are minors working as prostitutes at
Central Bank. After conducting surveillance, an entrapment operation was set up on
8 January 2014. The two minors were ordered by the first defendant to be brought
to the Marco Polo Hotel for prostitution services. The operation resulted in the
arrest of Pedro Cargo and the rescue of the two victims who came to the hotel. The
driver and co-conspirator who is unknown escaped.


Experience of C.C.C. based on testimony:
C.C.C. was seventeen years old when she was enticed by her beautician to come to
Manila and become a star. She testified that she was promised that Alice would
make her more beautiful by enhancing her breasts and making her complexion/skin
fair. She would also be provided with sexy clothes. On 24 October 2003, at about
1:00PM, she was introduced to Alice at Kamias. On 6 November 2003, she and
another girl were brought to Nipa Hut in Pasig City where they met with three men.
She was brought by one of the men to Victoria Court and it was there that she
experienced her first sexual intercourse. When the man saw her cry, he gave her an
extra PHP1,000 for herself. The man then offered her to his cousin, in exchange for
the girl chosen by his cousin and had sex with her for an hour. She then returned to
Kamias and thereafter was sold to different men for PHP10,000 to PHP12,000,
receiving only PHP5,000 to PHP6,000. In December 2003, she went back to Cebu
but Alice threatened that she would reveal to her parent what she was doing in
Manila if she did not return. Afraid, she went back to Manila.

Experience of D.D.D. based on testimony:
D.D.D. was sixteen (16) years old when she was brought by her grandmother to
Alice, who promised her that she would help her become an actress or model. She
claimed she was sold once for PHP10,000.

Charges / Claims / Decisions
Defendant:
Alice Tongo y Terrado (aka Bing)
Verdict:
Guilty
Charge / Claim:
Qualified trafficking in persons (involved a minor and was committed by
a syndicate or on a large scale)
Legislation / Statute / Code:
Section 4(a) in relation to s 6(a)&(c) and s 10(c) of Republic Act No 9208, known
as the Anti-Trafficking in Persons Act of 2003
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person,
natural or juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any
means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;

Section 6. Qualified Trafficking in Persons. - The following are considered as
qualified trafficking.
(a) When the trafficked person is a child;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is
deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons, individually or as a
group;

Section 10. Penalties and Sanctions. - The following penalties and sanctions are
hereby established for the offenses enumerated in this Act:
(c) Any person found guilty of qualified trafficking under Section 6 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);

Life imprisonment
Compensation / Payment to Victim:
Yes (Up to 10,000 USD)
Fine / Payment to State:
Yes PHP 2,000,000 (10,000-50,000 USD)
Defendant:
Den Jersen Tongco y Vistal
Verdict:
Guilty
Charge / Claim:
Qualified trafficking in persons (involved a minor and was committed by
a syndicate or on a large scale)
Legislation / Statute / Code:
Section 4(a) in relation to s 6(a)&(c) and s 10(c) of Republic Act No 9208, known
as the Anti-Trafficking in Persons Act of 2003
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person,
natural or juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any
means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;

Section 6. Qualified Trafficking in Persons. - The following are considered as
qualified trafficking.
(a) When the trafficked person is a child;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is
deemed committed by a syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons, individually or as a
group;

Section 10. Penalties and Sanctions. - The following penalties and sanctions are
hereby established for the offenses enumerated in this Act:
(c) Any person found guilty of qualified trafficking under Section 6 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);

Life imprisonment
Compensation / Payment to Victim:
Yes (Up to 10,000 USD)
Fine / Payment to State:
Yes PHP 2,000,000 (10,000-50,000 USD)
Legal Reasoning:
At the first instance the two defendants were convicted in relation to four of the five
complainants. They were both acquitted in relation to D.D.D. due to insufficient
evidence.
The Court sentenced each defendant to life imprisonment and to pay a fine of
PHP2,000,000 (USD45,700) (on four counts) and the accused were ordered to pay
jointly and severally each of the four complainants moral damages in the amount of
PHP50,000 (USD1,140).
Appellate Decision:
Upheld
2
nd
Instance:
Court: Court of Appeals
Location: Manila
Date of decision: Unknown
The appeal brought before the Court of Appeals submitted that the trial court erred
in their conviction on a number of grounds:
(1) The trial court erred in convicting accused-appellants of the crime of qualified
trafficking in persons because there must be four victims, however one of the four
victims was allegedly victimised before the act had been signed into law.
(2) The trial court erred when it did not consider that the NBI agents did not
regularly perform their duties during the entrapment operations.
(3) The trial court erred in convicting appellants on the basis of the weakness of
their defense in denial.
In considering the first ground of appeal the Court of Appeals conceded that B.B.B.
had been recruited before the law came into effect but stayed on and was sold a
number of times in the year following. All of these acts transpired after the law took
effect. The Court further rejected the argument that the witnesses were statements
were unreliable and should be excluded.
The Court held that there was nothing to show that the NBI agents were motivated
by improper purposes. The denials of the appellants were ruled to be of less weight
because they were self-serving and thus carried less weight then the declarations
of credible witnesses who testified on affirmative matters. As such the NBI agents
enjoyed a presumption of regularity in the performance of their duties.
The Court of Appeal concluded that the appellants arguments had crumbled under
the weight of the overwhelming evidence against them. The elements of the
offences were sufficiently established by the prosecution. Accordingly the Court
upheld the convictions and corresponding penalties imposed by the trial court.
Sources / Citations
1
st
Instance: People of the Philippines v. Alice Tongco y Terrado, et al, Crim. Case
No. Q-04-123683-87.
2
nd
Instance: People of Philippines vs. Alice Tongco y Terrado & Den Jerson Tongco
y Vistal, CA-G.R. CR-H.C. No. 01906
Commentary and Significant Features
It reported that this was the second case of trafficking in persons successfully
litigated under the Philippines Anti-Trafficking in Persons Act of 2003.