People v Jeffrey Hirang

G.R. No. 223528, January 11, 2017

THIRD DIVISION (Reyes, J.)
[Note: Crime under SPL; With Criminal Procedure – re: Instigation and Entrapment]

DOCTRINE: There is qualified trafficking in persons under R.A. No. 9208 when there is
recruitment and transportation of minors for sexual activities or when it is committed in large
scale (against three or more persons).

FACTS:

Jeffrey Hirang was charged with the crime of qualified trafficking in persons. Hirang
intended to sell his four victims, all minors, to his Korean customers for sexual activities. To
induce his victims to come along with him, Hirang told them that they would receive ₱5,000.00
after a "gimik" with his Korean friends. He and his victims proceeded to meet with the Koreans
at a Chowking restaurant. Hirang instructed the girls to tell the Koreans that they were 16 years
of age, as this was their customers' preference. When their group arrived at Chowking, Hirang
talked to a Korean and then introduced the girls to him. The Korean handed money to Hirang.
The latter was subsequently arrested. He denied dealing with sexual trade.

ISSUE:

Should Hirang be convicted with the crime of qualified trafficking in persons?

RULING:

Yes, Hirang should be convicted with the crime of qualified trafficking in persons under
R.A. No. 9208. The basic elements of trafficking in persons, as derived from Section 3, are:

(1) The act of recruitment, transportation, transfer or harbouring, 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.

Under Section 6, the crime becomes qualified when the trafficked person is a child or
when committed in a large scale, that is, against three or more persons.

In this case, there is a recruitment and transportation of four minors for sexual activities
and exploitation, with Hirang taking advantage of their vulnerability through the guarantee of a
good time and financial gain. The crime was committed in a large scale as there were four victims
and all of them were under 18 years of age. Hirang was convicted.