Concerted moves

A LAW EACH DAY (KEEPS TROUBLE AWAY) By Jose C. Sison (The Philippine Star) | Updated March 2, 2016 -
12:00am

Sometimes, one activity may result in two or more crimes committed by two or more persons. This is illustrated
in these cases filed by Naty against Lila, Nilo and Max for Syndicated Illegal Recruitment (RA 8042) and
Trafficking in Persons (RA 9208).

Naty is a 23-year-old single mother of four children residing in a city located at the southernmost province near
the border of Malaysia. One evening while Naty was on the way to her grandfather’s house, she met Nilo and
his wife, neighbors of her grandfather. The couple asked Naty if she is interested to work in Malaysia as a
restaurant entertainer with a salary of 500 ringgits or P7,000. But since Naty has no passport altho her sister
has, Nilo told her to borrow her sister’s passport and she can leave in two days.

So the following day, Naty went to her sister Mafe to borrow the latter’s passport. When Mafe refused, Naty got
the passport anyway and was accompanied by Nilo to the house of Lila just two hundred meters from Nilo’s
house. Nilo introduced Naty to Lila saying that she was interested in going to Malaysia. Naty handed over to
Lila the passport of her sister Mafe. Lila told her that it is not a problem as they have a connection with the
Department of Foreign Affairs (DFA) so that Mafe’s picture in the passport will be substituted with Naty’s
picture.

Then Max arrived, driving an owner type jeep. Lila introduced Max to Naty as their financier who will
accompany them to Malaysia. Naty noticed three other women in Lila’s house. Two of them identified
themselves as Bella 20 years, Betty, 19 years and another one who is about 28 years old. They are all from
another town who are going to Malaysia also.

The next day at the City wharf, Naty met Lila, Nilo, Belle and Betty. Nilo gave Naty her boat ticket for the vessel
bound for Sandakan, Malaysia, a passport in the name of Mafe but with her picture on it. She boarded the boat
together with Lila, Max, Belle and Betty and two other women, Dina and Loraine. Nilo did not go with them.
After the boat sailed, Lila and Max approached Naty and her companions. Max told them that they will have a
good job in Malaysia as restaurant entertainers serving food to customers and they will not be harmed.

Upon arrival at Sandakan, Naty and the other women with her boarded a van going to a hotel where Max first
introduced them to a Chinese Malay called “Boss” who owned a restaurant that turned out to be a prostitution
den. So they went back to the hotel and told Lila and Max that they don’t like to work as prostitutes. Then
another “boss” arrived and fetched them to work at a big club in a two story building where about 100 women
were working. They were told that they owe the club 2,000 ringgits each as payment for the amounts given by
the club to Lila and Max and they will pay for said amounts by entertaining customers

Naty was forced to work as entertainer where customers date her for overnight services. She worked for about
a month serving one customer a night who raped her or forcibly had sexual intercourse more than four times.
Finally she was able to escape after contacting her sister who is staying in another city, married to an
Indonesian, Abubakar, who rescued her. She stayed at her sister’s house for about two weeks and then
boarded a speedboat back to her province.
When she confronted Nilo about her ordeal, Nilo denied involvement and refused to accompany her to Max. So
upon advice of friends she went to the police station to file her complaint against Lila, Nilo and Max for violation
of RA 8042 (Illegal recruitment) and RA 9208 (Trafficking in Persons). Only Lila and Nilo were tried because
Max was not arrested and remained at large.

At the trial, Lila denied any involvement in the recruitment and placement of Naty to Malaysia, and claimed that
she met Naty for the first time by coincidence on board the ship. Nilo also denied liability and claimed that he
just referred Naty to Lila who had knowledge of job opportunities in Malaysia. They contended that Naty’s story
is incredible and inconsistent. They even alleged that she worked as a Massage Attendant and GRO in a
massage parlor and videoke bar where she bore four children with four different men.

But the trial court found both Lila and Nilo guilty of Illegal Recruitment and Trafficking in Person, and sentenced
each of them to two life imprisonments for each crime and to pay fines of P500, 000. P2,000,000 respectively
plus P50,000 moral damages and P50,000 exemplary damages. 

The case reached the Court of Appeals (CA) and later on the Supreme Court (SC) which sustained the
decision of the RTC. The SC said that Naty’s positive testimony is more convincing and credible than the mere
denials of Nilo and Lila as found by the trial court which is in a better position to determine the credibility of
witnesses.

In this case, Naty would not have been able to go to Malaysia and work as prostitute if not for the concerted
efforts of Nilo, Lila and Max who recruited her without any license or authority to do so. Nilo offered Naty a job
to Malaysia and referred her to Lila. Lila was the one who purchased boat tickets for her and the other women
recruits. In Malaysia it was Max who introduced Naty and her companions to the Chinese Malay “Boss” then
brought them to a club where they were also forced to work as prostitutes.

Max’s flight indicates guilt for the crimes he has been charged. And since conspiracy existed among the three
of them, Nilo and Lila are also guilty of crimes charged. Such conspiracy among the three could be deduced
from the manner in which the crimes were perpetuated--each of them played a pivotal role that evinced a joint
common purpose and design, concerted action and community of interest. So they are really guilty of the two
crimes charged. The moral and exemplary damages they should pay aside from the fines should be increased
to P500,000 and P100,000, respectively (People vs Lalli, Aringoy and Relampagos, G.R. 195410, October 12,
2011).