Spa managers face raps for human trafficking

CEBU, Philippines – Two men who allegedly hired females as therapists who eventually engage in prostitution are facing charges for human trafficking before the Regional Trial Court.

Prosecutor Alex Gabud, recommended P120,000 each for temporary liberty of the two accused.

Gabud said he found probable cause based on the statements of the two therapists and based on the evidence presented by the National Bureau of Investigation (NBI).

The NBI conducted the entrapment operation that led to the arrest of the two.

"It is rather apparent in the statements of the two therapists that they actually engaged extra services like sensation and sexual intercourse with their customers…and it was with the consent of their management," Gabud said.

Gabud said the management could not deny knowledge on what was happening inside their establishment.

"Common sense itself dictates that they, as owners or managers of the establishment, should be held responsible for any illegal acts committed inside and they are presumed to have been benefited from such illegal acts until the contrary is proven," Gabud said.

It was reported that the establishment at Capitol Site, Cebu City, was engaged in prostitution in the guise of a massage parlor.

In July 16, 2009, agents of the NBI conducted an entrapment operation that resulted in the rescue of the two therapists who performed sexual acts for a fee to NBI agents.

The therapists issued affidavits stating that they offered services like shiatsu, Swedish, body scrub and lingam massage, and that they were allowed to offer extra services for a payment ranging from P500 to P1,500.

They said the management even advised them to use contraceptives like condoms, and sometimes get condoms from the management when they run out.

In the counter-affidavit of one of the accused, he said they took extreme precaution in warning all masseuses from engaging in any illegal activities.

"But allegedly because of the temptations of money which a client offers to their masseuses and inside the cubicles beyond the visual and hearing distances of third parties or the temptations of flesh by a masseuses for need of money, they found these personal arrangements impossible to control," he said.

He said that they even put signs warning both masseuses and the clients against engaging in illegal activities inside the parlor. He added that he issued a memorandum to all staff to ensure compliance of the prohibition against illegal activities.

But Gabud said the supposed signages "cannot overthrow the positive allegations" of the witnesses.

"A denial unsubstantiated by clear and convincing evidence is negative, self-serving, merits no weight in law, and cannot therefore be given greater value than the testimony of a credible witness who testify on affirmative matters," Gabud said. (FREEMAN)

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