CA reverses ruling on trafficking case

CEBU, Philippines - The Court of Appeals Cebu Station has reversed the ruling of the regional trial court dismissing the criminal case for qualified trafficking in persons filed against three persons accused of exploiting girls for commercial sex.

Associate Justice Ramon Paul Hernando granted the petition for certiorari filed by the Office of the Solicitor General.

“In light of all the foregoing, this petition is granted. The orders dated Nov. 30, 2010 and March 25, 2011 of RTC Branch 54, Lapu-Lapu City are reversed and set aside. The trial court is directed to proceed with the hearing of the criminal case against the private respondents with dispatch,” the decision reads.

Named respondents were Judge Victor Teves Sr. of Regional Trial Court Branch 54, Lapu-Lapu City, Diadema Sinadjan, Eliseo Calvo and Leon Mingay.

Last Nov. 30 Teves granted the motion to quash Information filed by the private respondents for a violation of Republic Act 9208 or qualified trafficking in persons.

“Wherefore, premises considered, the motion to quash/or dismiss is granted. The information against the three accused is hereby ordered dismissed,” the decision read.

In his decision, Teves mentioned that not a single guest relation officer was involved in the transaction with the police.

Though money was involved in the transaction, he added it does not convincingly establish that “it was primarily designed for sexual intercourse or lascivious activities.”

The OSG appealed the case saying the court erred in dismissing it.

In his 14-page decision, Hernando ruled in favor of the OSG.

“It is all too apparent, in light of the foregoing, that the trial court grievously erred in granting private respondents’ motion to quash when it peremptorily dismissed the Information against them on the basis of said unmeritorious motion to quash,” the decision read.

It added “it can be said further that the trial court rendered its assailed orders in a manner that amounts to an oppressive excess of its judicial authority, for in dismissing the charges against the accused without the benefit of a full-blown hearing on the merit, the plaintiff People was effectively deprived of its day in court based on a mere four-page motion to quash.”

The private respondents were arrested at Club Bayside Karaoke and Bikini Bar in Marigondon, Lapu-Lapu City, last March 5, 2010 for allegedly exploiting women and minor girls for commercial sex like prostitution and pornography.

They were arrested by the operatives of the Regional Anti-Trafficking Task Force, Regional Intelligence Division of the Police Regional Office-7 during an entrapment operation.

Based on the prosecution’s evidence, it stated that an undercover policeman negotiated with the accused and they arrived at a bar fine of P2,000 for the GRO which was accepted and counted by Diadema.  — (FREEMAN)