AGOSILA, MAUREEN THERESE G.

2004003916

HUMAN TRAFFICKING AND ANTI-VAWC

Professor: Atty. Jedrek Ng

1. What criminal charges can be filed against Jerry Arao? Explain your
answer.

Jerry Arao can be charged with “Qualified Trafficking in Persons”

penalized under Section 6(a) and (b) of the Anti-Trafficking in Persons
Act of 2003 (R.A. 9208). The said provision categorizes human
trafficking as qualified if, among others, the trafficked person is a child
and/or when the crime is committed by a syndicate, or in large scale.

Section 3(a) of R.A. 9208 defines “Trafficking in Persons” as the

recruitment, transportation, transfer or harboring, or receipt of arsons
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 person
having control over another person for the purpose of exploitation
which includes at a minimum, 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.

”Child” refers to a person below eighteen (18) years of age or one who is
over eighteen (18) but is unable to fully take care of or protect
himself/herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition.

Here, Sanza and Arya were only 14 and 12 years old, respectively, as
well as the other girls trafficked by Jerry. As there were at least three (3)
trafficked children, the crime was committed in large scale.

With respect to Sanza and Arya, Jerry took advantage of their

vulnerability as they were poor, lacked education, and came from an
indigenous tribe. As to the other girls, they were also vulnerable because
of their minor age.
 While Jerry made good on his promise to send them to school and give
them their needs, Jerry still committed human trafficking. He did it in
order for the girls to trust him and to make them believe that they were
in good hands, hence, it would be easier for him to lure the girls into
prostitution or otherwise attain his ultimate goal of exploitation.

Human trafficking is a process one must master to successfully commit.

Exploitation usually happens after a long period of time when there is
already interdependency between the trafficked persons and the
trafficker.

2. What if Sanza later on recanted her testimony and all the other girls
were uncooperative with the case since they consider Jerry as their
protector and provider, as a Public Prosecutor, what evidence can you
present in court to prove the guilt of Jerry for the crimes charged as
you mentioned above. Explain your answer.

As a Public Prosecutor, I could present the police officers and social

workers who conducted the rescue operation to testify on what they
found at the house of Jerry. The sex toys, condoms, lubricants, women’s
undergarments, lewd pictures, computer, laptop, hard drive, and the
gadgets used by Jerry to conduct his cyberporn operation shall also be
presented. The files contained in the computer and laptop storage shall
be brought to the Anti-Cybercrime Group of the Philippine National
Police for digital forensic examination which shall be presented and
identified by the investigator during trial.

3. In Jerry’s defense, he testified that he did not force the girls to do

anything against their will, they all voluntarily and consented to the
sexual acts performed. Moreover, they were not coerced or locked
inside his house and they are free to go in and out as they please.
Hence, there is no criminal liability on his part. Given the evidence
presented by the prosecution above, as the Judge, will you convict
Jerry? Why or why not? Explain.

As the Judge, I will still convict Jerry. Consent of the girls are irrelevant
because while Jerry did not employ force or threat upon them, Jerry
nonetheless took advantage of their vulnerability. The girls were minors
and their ability to discern good and bad are still unreliable.
4. What services from both the private and public sector should be
provided to the girls for their recovery and reintegration back to
society? Explain your answer.

The girls should undergo counselling and be housed in a temporary

shelter in order to recover.

5. What policies or measures can you recommend to various government

agencies to help girls like Sanza and Arya? Also, what programs or
actions can be undertaken by both government and civil society to
prevent such crimes from recurring.

I recommend that awareness of this kind of crime should be spread

among the vulnerable groups like those living in poverty and far-flung
communities. They are the easy targets of syndicates because most of
them are not educated, hence, easy to manipulate.

The government should also teach them livelihood skills in order to earn
money for a living and not depend on false promises made by the
syndicates.