Anti-Human Trafficking and Anti-Online Sexual Abuse of Children

Dear PAO,

Can the crime of trafficking in persons be committed if the alleged victim actually gave consent? In this connection, may I be informed of the elements of such crime?

Jade
Dear Jade,

To answer your question, allow me to lead your attention to our pertinent laws and jurisprudence. In this regard, Section 3(a) of Republic Act (RA) No. 10364, otherwise known as the Expanded Anti-Trafficking in Persons Act of 2012, defines trafficking in persons as follows, viz.:

“Trafficking in Persons – refers to the recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining, harboring, or receipt of persons with or without the victim’s consent or knowledgewithin 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 person, 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.

“The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose of exploitation or when the adoption is induced by any form of consideration for exploitative purposes shall also be considered as ‘trafficking in persons’ even if it does not involve any of the means set forth in the preceding paragraph.” (Emphasis and Underscoring Supplied)

In connection with the aforementioned provision of law, the Supreme Court, in the case of People vs. Casio (GR No. 211465, December 3, 2014), penned by the Honorable Associate Justice Marvic MVF Leonen, held that:

“Accused claims that AAA admitted engaging in prostitution even before May 2, 2008. She concludes that AAA was predisposed to having sex with “customers” for money. For liability under our law, this argument is irrelevant. As defined under Section 3(a ) or Republic Act No. 9208, trafficking in persons can still be committed even if the victim gives consent.

“xxx

“The victim’s consent is rendered meaningless due to the coercive, abusive, or deceptive means employed by perpetrators of human trafficking.” (Emphasis and underscoring supplied)

Applying the foregoing, trafficking in persons can be committed with or without the victim’s consent or knowledge.

Regarding your second question, the recent case of People vs. Valencia (GR No. 234013, June 16, 2021), also written by the Honorable Associate Justice Marvic MVF Leonen, dictates the elements of trafficking in persons, thus:

“On February 6, 2013, Republic Act No. 9208 was amended by Republic Act No. 10364. Casio also enumerated the elements of the offense under the expanded definition:

“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 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 and Underscoring Supplied)

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to (email protected)