J.A.B. Bulao & Associates

DISPOSITIVE:

ACCORDINGLY, the appeal is PARTIALLY GRANTED. The
Court of Appeals’ Decision dated September 23, 2020 and Resolution dated
May 21, 2021 in CA-G.R. CR-HC No. 10964 are AFFIRMED WITH
MODIFICATIONS, as follows:

1. Accused-appellant Ofelia A. Comia is found GUILTY of
   Trafficking in Persons defined and penalized under Section 4(a) of Republic
   Act No. 9208, as amended by Republic Act No. 10364. She is SENTENCED
   to suffer the penalty of imprisonment for 20 years and to pay a fine of PHP
   1,000,000.00.
2. Accused-appellant Maricel Gutierrez Tapon is found GUILTY as
   accomplice in the crime of Trafficking in Persons defined and penalized under
   Section 4-B in relation to Section 10(c) of Republic Act No. 9208, as amended
   by Republic Act No. 10364. She is SENTENCED to suffer the penalty of
   imprisomnent for 15 years and to pay a fine of PHP 500,000.00;
3. Further, accused-appellants Ofelia A. Comia and Maricel
   Gutierrez Tapon are ORDERED to pay the victim, AAA, moral damages in
   the amount of PHP 500,000.00, their respective shares being PHP 333,333.33
   for Ofelia A. Comia and PHP 166,666.67 for Marice! Gutierrez Tapon; and
4. The award of exemplary damages is DELETED for failure to
   establish the presence of aggravating or qualifying circumstances in the
   commission of the crime.
   The moral damages awarded shall be subject to interest at the rate of
   6% per annum from the finality of this Decision until full satisfaction.
   SO ORDERED.
   

SUBJECTS/DOCTRINES/DIGEST:

In People v. Casio, 50 the Court enumerated the elements of Trafficking
in Persons as follows:
(1) The act of “recruitment, transportation, transfer or harbouring, or
receipt of persons with or without the victim’s consent or knowledge,
within or across national borders[;]”
(2) The means used which include “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[“]; and
(3) The purpose of trafficking is exploitation which includes “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. “

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