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People Vs Bandojo and Kenny Joy

The defendants, Ludivico Patrimonio Bandojo, Jr. and Kenny Joy Villacorta Ileto, were convicted of qualified human trafficking for recruiting a 17-year-old girl, AAA, into prostitution. The Supreme Court affirmed the conviction, finding that the defendants took advantage of AAA's poverty to recruit her into prostitution for financial gain, constituting trafficking under the law. The crime was further qualified due to AAA being a minor.

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230 views2 pages

People Vs Bandojo and Kenny Joy

The defendants, Ludivico Patrimonio Bandojo, Jr. and Kenny Joy Villacorta Ileto, were convicted of qualified human trafficking for recruiting a 17-year-old girl, AAA, into prostitution. The Supreme Court affirmed the conviction, finding that the defendants took advantage of AAA's poverty to recruit her into prostitution for financial gain, constituting trafficking under the law. The crime was further qualified due to AAA being a minor.

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kent babs
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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People vs Bandojo and Kenny Joy

Facts:
 Private complainant was a minor at the time the crime was committed (17
yrs old).
 At first, she was asked by her friend if she is willing to accept a raket. But
when Kenny Joy (brother of her friend who asked her if she is willing for a
raket) told her that it has something to do with having sexual intercourse,
she did not reply. But due to financial problems, and the fact that she needs
to help her parents, she accepted it.
 Months later, AAA was contacted by Kenny Joy once again telling her that the
latter’s friend (Ludivico) needed ladies and she was included among them
(now with the NBI entrapment operation).
 Meanwhile, the NBI, after receiving information concerning the prostitution
that is being negotiated through facebook under the account name “Under
One roof”, conducted an entrapment operation.
 So Agent Senora created a facebook account and contacted Ludivico (other
accused appellant) which he learned that the latter is the handler of the
ladies who provide sexual services.
 So they agreed that Ludivico would provide 2 girls to the agent.
 Ludivico, together with AAA and BBB met with the agent.
 At the hotel room, they introduced themselves to the girls as the NBI, and so
Ludivico and Kenny Joy were arrested.
 The accused were convicted by the RTC for the crime of Violation of Sec. 4(a)
in relation to Sec. 6 (a) (see notes #1) and was later affirmed by the CA.
 Petitioner argues that the prosecution failed to prove that they were engaged
in any activity which would constitute human trafficking. In addition, they
maintained that it was AAA who asked for the raket, and the lack of
knowledge that AAA was only 17 yrs old.

ISSUE: W/N the accused are guilty of the said crime.

RULING: YES.
The SC ruled by applying the jurisprudence in people vs Casio (see notes #2)
where  the Court defined the elements of trafficking in persons, as derived from
Section 3(a) of R.A. No. 9208.

In this case, all of the elements are present.

First, as to the first element and third elements, the testimony of AAA established
that it was Kenny Joy who recruited her to engage in prostitution by offering
her rakets where she could earn money by having sexual relations with clients
the latter had found.

As to the second element, while AAA did not immediately accede to the
proposition initially made by Kenny Joy, she eventually yielded and asked for
a raket because she needed the money. It is, thus, apparent that the accused-
appellants took advantage of AAA's and her family's abject poverty in recruiting
her to engage in prostitution.

Lastly, AAA's Certificate of Live Birth evidenced the fact that she was born on
April 9, 1995 and was only 17 years old, a minor, at the time the crime was
committed.

As regards to the consent of the minor, Section 3(a) of R.A. No. 9208 clearly
states that trafficking in persons may be committed with or without the victim's
consent or knowledge.
As to the knowledge of private complainant’s minority, it is still immaterial.
Under Section 6(a) of R.A. No. 9208, Trafficking in Persons automatically
becomes qualified upon proof that the trafficked person is a minor or a person
below 18 years of age. Evidently, knowledge of the accused-appellants with
regard to AAA's minority is inconsequential with respect to qualifying the crime of
Trafficking in Persons.

Accordingly, the Court finds that all elements of the crime of Violation of Section
4(a), in relation to Section 6(a), of R.A. No. 9208 (Qualified) were duly
established by the prosecution.

Dispositive: WHEREFORE, premises considered, the appeal is


hereby DISMISSED for lack of merit. The Decision dated May 15, 2017 of the
Court of Appeals in CA-G.R. CR-HC No. 08276, convicting accused-appellants
Ludivico Patrimonio Bandojo, Jr. and Kenny Joy Villacorta Ileto of the crime of
Qualified Human Trafficking, as defined and penalized under Section 4(a), in
relation to Section 6(a), of Republic Act No. 9208, is hereby AFFIRMED.

Notes:
1. Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person,
natural or juridical, to commit any of the following acts:

(a) To recruit, transport, transfer; harbor, provide, or receive a person by any


means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of Prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage.

Section 6. Qualified Trafficking in Persons. - The following are considered


as qualified trafficking

(a) When the trafficked person is a child.

2.
A. 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."

B. 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

C. 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.

D. The crime is further qualified under Section 6(a) of R.A. No. 9208 when the
trafficked person is a child.

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