PEOPLE v.

CASIO
G.R. No. 211465/ DEC 3, 2014/LEONEN, J. /IQuintana
NATURE Appeal
PETITIONERS People of the Philippines, plaintiff-appellee
RESPONDENTS Shirley A. Casio, accused-appellant
DOCTRINE. Trafficking can still be committed even if the victim gives consent
FACTS.
 The International Justice Mission (IJM), in coordination with the police, ordered to entrap
persons engaged in human trafficking in Cebu City
 Two police officers acted as decoys and pretended to be tour guides looking for girls to
entertain their guests.
 The team checked in to Queensland Motel and proceeded to D. Jakosalem Street in Barangay
Kamagayan, Cebu City’s red light district. This is where they were approached by Shirley A.
Casio who said “Chicks mo dong? (Do you like girls, guys?)”.
 Casio offered AAA, 17 years old, and BBB to the decoys for services of sex stating that it
will be P500 each or a total of P1000. Upon arrival in the hotel the police were checked in
they gave the marked money and thereafter Casio was arrested.
 Casio contended that she worked as a laundrywoman. When she was on her way to buy her
supper she was only stopped by two men who were looking Gingging. She contacted
Gingging who convinced her to go with her as the two males will give her money.
 RTC: Found Casio guilty of violating Sec. 4(a) of RA 9208 for trafficking of persons and
qualified by Sec. 6(a) of RA 9208
 CA: Affirmed the RTC but modified fine and awarded moral damage
 Casio claims that she is not liable trafficking as AAA admitted that she worked as a prostitute
and gave consent to being solicited to customers. OSG contends that Casio was properly
convicted as she was positively identified as the one who solicited customers and received
money for AAA and BBB.
(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”; and
(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. (RA No. 10364)
- Under the RA 9208, a child is defined as those under 18 years old. There is qualified
trafficking under Sec. 6 (a), “When the trafficked persons is a child.”
- Applying all of this in this case, the definition of trafficking and the stated prohibited
acts, Casio is guilty of trafficking when she peddled AAA and BBB and offered their
services to the decoys in exchange for money. Further, the crime is qualified as it was
proven that AAA was 17 y/o and is considered a child/minor under the law.
- Lastly, the act of “sexual intercourse” need not have been consummated for the mere
“transaction” (i.e., that ‘solicitation’ for sex) and the handing over of the “bust money”
consummates the act.
DECISION.
WHEREFORE, premises considered, we AFFIRM the decision of the Court of Appeals
dated June 27, 2013, finding accused Shirley A. Casio guilty beyond reasonable doubt of
violating Section 4(a), qualified by Section 6(a) of Republic Act No. 9208, and sentencing her
to suffer the penalty of life imprisonment and a fine of P2,000,000.00, with the
MODIFICATION that accused-appellant shall not be eligible for parole under Act No. 4103
(Indeterminate Sentence Law) in accordance with Section 3 of Republic Act No. 9346

ISSUES & RATIO.

1. WON Casio is guilty of the crime of trafficking as defined under R.A. No. 9208 – YES.

- Trafficking is defined under Sec. 3 refers to the recruitment, transportation,

transfer or harboring, or receipt of persons with or without the victim’s consent or
knowledge, within or across national borders 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 persons, or, the giving or
receiving of payments or benefits to achieve the consent of a forms of sexual
exploitation, forced labor or services, slavery, servitude or the removal or sale of
organs.

The recruitment transportation, transfer, harboring or receipt of a child for the

purpose of exploitation shall also be considered as “trafficking in persons” even if
it does not involve any of the means set forth in the preceding paragraph.

- The elements of trafficking are:

(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”;