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his case involves Republic Act No.

9208,2 otherwise known as the "Anti-Trafficking in Persons Act of


2003."3

Accused Shirley A. Casio was charged for the violation of Republic Act No. 9208, Section 4(a),
qualified by Section 6(a). The information against accused, dated May 5, 2008, states:

That on or about the 3rd day of May 2008, at about 1:00 o’clock A.M., in the City of Cebu,
Philippines

hire and/or recruit AAA, a minor, 17 years old and BBB for the purpose of prostitution and sexual
exploitation, by acting as their procurer for different customers, for money, profit or any other
consideration, in Violation of Sec. 4, Par. (a), Qualified by Sec. 6, Par. (a), of R.A. 9208 (Qualified
Trafficking in Persons).

The Regional Trial Court, Branch 14 in Cebu City found accused guilty beyond reasonable doubt
The Court of Appeals affirmed the findings of the trial court but modified the fine and awarded moral
damages.
Accused filed a notice of appeal35 on August 28, 2013, which the Court of Appeals noted and
gavedue course in its resolution36 dated January 6, 2014. The case records of CA-G.R. CEB-CR No.
01490 were received by this court on March 17, 2014.37

Issue: won the accused-appellant was properly convicted of trafficking of persons

Ruling: yes. The elements of trafficking inpersons can be derived from its definition under Section
3(a) of Republic Act No. 9208 On January 28, 2013,Republic Act No. 1036464 was approved,
otherwise known as the "Expanded Anti-Trafficking in Persons Act of 2012. Under Republic Act No.
10364, the elements of trafficking in persons have been expanded to include the following acts:

(1) The act of "recruitment, obtaining, hiring, providing, offering, transportation, transfer,
maintaining, harboring, or receipt of persons with or without the victim’s consent or
knowledge, within or across national borders;"

(2) The means used include "by means of 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 person"

(3) The purpose of trafficking includes "the 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" (Emphasis supplied)

The Court of Appeals found thatAAA and BBB were recruited by accused when their services were
peddled to the police who acted as decoys.65 AAA was a child at the time that accused peddled her
services.66 AAA also stated that she agreed to work as a prostitute because she needed
money.67 Accused took advantage of AAA’s vulnerability as a child and as one who need money, as
proven by the testimonies of the witnesses.68

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