SC: Recruiting children for sexual exploitation already trafficking

The recruitment of children for sexual exploitation can already be considered trafficking even without the use of threat, force, or intimidation, the Supreme Court (SC) ruled.

"There is trafficking in persons if the victim is a child even when the means employed are different from those set forth in the law," the SC Second Division said in a 10-page decision.

The high bench issued the remark as it affirmed the conviction of two individuals for qualified trafficking.

According to the court, the police conducted an entrapment operation in 2016 wherein the two accused offered to provide girls aged 14 to 18 for a birthday party for P1,000 for three hours and P3,000 for overnight.

The accused brought several female minors to the undercover agents on the agreed date, leading to their arrest following the acceptance of the marked money.

The court said that during the trial, the victims said the accused enticed them to attend a party and perform sexual acts for money.

Both the regional trial court and the Court of Appeals found them guilty of qualified trafficking under the Anti-Trafficking in Persons Act of 2003.

However, in their appeal before the SC, the two accused argued that the prosecution failed to prove that they threatened, forced, or coerced the minors.

According to the court, trafficking occurs when individuals are recruited, transported, or transferred for exploitative purposes, including prostitution, forced labor, slavery, or the removal or sale of organs through threats or use of force, coercion, deception, abuse of power, or by offering money.

The SC said that under Section 3(a) of the law, recruiting a child through sexual exploitation is enough to establish trafficking, regardless of the means used.

"The absence of threat, force, or coercion is immaterial and irrelevant," the SC said.

"At any rate, accused-appellants evidently took advantage of the victims' youth and need to earn money to obtain their consent," it later added.

The two were sentenced to suffer life imprisonment and pay a fine of P2 million, for each of the eight counts.

They were also ordered to jointly and severally pay each of the victims P500,000 as moral damages, and P100,000 as exemplary damages with a legal interest of 6% per annum from the finality of the decision until fully paid.

The decision, penned by Senior Associate Justice Marvic Leonen, was promulgated in December 2024 and made public in January 2025. — VDV, GMA Integrated News