People v.
Casio, GR 211465,
Dec. 12, 2014
FACTS
Accused Shirley A. Casio was charged for the violation of Republic Act No. 9208, Section 4(a), qualified
by Section 6(a).
International Justice Mission (IJM),[5] a non-governmental organization, coordinated with the police in
order to entrap persons engaged in human trafficking in Cebu City.[... the team of police operatives.
were designated as decoys, pretending to be tour guides looking for girls to... entertain their guests.
The team went to Queensland Motel
PO1 Luardo and PO1 Veloso proceeded to D. Jakosalem Street in Barangay Kamagayan, Cebu City's red
light district. Accused noticed them and called their attention by saying "Chicks mo dong?" (Do you like
girls, guys?).
After a few minutes, accused returned with AAA and BBB, private complainants in this case.
The police confiscated the marked money from... accused.[18] Meanwhile, AAA and BBB "were brought
to Room 25 and placed in the custody of the representatives from the IJM and the DSWD.
In defense, accused testified that she worked as a laundrywoman.
While walking, she was stopped by two men on board a blue car. The two men asked her if she knew
someone named Bingbing. She replied that she only knew
Gingging but not Bingbing. The men informed her that they were actually looking for Gingging, gave her
a piece of paper with a number written on it, and told her to tell Gingging to bring companions.
Ruling of the trial court... accused guilty beyond reasonable doubt
ISSUES
Whether the entrapment operation conducted by the police was valid, considering that there was
no prior surveillance and the police did not know the subject of the operation
Whether the prosecution was able to prove accused's guilt beyond reasonable doubt even though
there was no evidence presented to show that accused has a history of engaging in human
trafficking;[
Whether accused was properly convicted of trafficking in persons, considering that AAA
admitted that she works as a prostitute.
RULING
The Court of Appeals found that AAA and BBB were recruited by accused when their services
were peddled to the police who acted as decoys.[65] AAA was a child at the time that accused
peddled her services.[66] AAA also stated that she... agreed to work as a prostitute because she
needed money.[67] Accused took advantage of AAA's vulnerability as a child and as one who
need money, as proven by the testimonies of the witnesses.
Knowledge or consent of the minor is not a defense under Republic Act No. 9208.
As defined under Section 3(a)... of Republic Act No. 9208, trafficking in persons can still be
committed even if the victim gives consent.
accused performed all the elements in the commission of the offense when she peddled AAA and
BBB and offered their services to decoys PO1 Veloso and PO1 Luardo in exchange... for money.
The offense was also qualified because the trafficked persons were minors.
Validity of the entrapment operation
The entrapment would still be valid using the objective test. The police merely proceeded to D.
Jakosalem Street in Barangay Kamagayan. It was accused who asked them whether they wanted
girls. There was no illicit inducement on the part of the police for the accused to commit... the
crime.
prior surveillance is not a condition for an entrapment operation's validity.
Shirley A. Casio guilty beyond reasonable doubt of violating Section 4(a), qualified by Section
6(a) of Republic Act No. 9208,