Sec 23 of RA 10364 and Case of People Vs Nangcas
Sec 23 of RA 10364 and Case of People Vs Nangcas
Sec 23 of RA 10364 and Case of People Vs Nangcas
The State shall exercise jurisdiction over any act defined and penalized under this Act, even if committed
outside the Philippines and whether or not such act or acts constitute an offense at the place of
commission, the crime being a continuing offense, having been commenced in the Philippines and other
elements having been committed in another country, if the suspect or accused:
No prosecution may be commenced against a person under this section if a foreign government, in
accordance with jurisdiction recognized by the Philippines, has prosecuted or is prosecuting such person
for the conduct constituting such offense, except upon the approval of the Secretary of Justice.
The government may surrender or extradite persons accused of trafficking in the Philippines to the
appropriate international court if any, or to another State pursuant to the applicable extradition laws and
treaties.
Case:
Ruling:
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;
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(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by
a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one
another. It is deemed committed in large scale if committed against three (3) or more persons,
individually or as a group;
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation
shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth in
the preceding paragraph.
(b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is
unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition.
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(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom,
abuse of authority or moral ascendancy, debt-bondage or deception.
Under Republic Act No. 10364, the elements of trafficking in persons have been expanded to include the
following acts:
(1) The act of "recruitment, obtaining, hiring, providing, offering, transportation, transfer, maintaining,
harboring, or receipt of persons with or without the victim's consent or knowledge, within or across
national borders;"
(2) The means used include "by means of 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
person."
(3) The purpose of trafficking includes "the 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."
(emphasis supplied)
The information filed against Nangcas sufficiently alleged the recruitment and transportation of Judith and
three (3) other minor victims for forced labor or services, with Nangcas taking advantage of the
vulnerability of the young girls through her assurance and promises of good salary, accessibility of place
of work to their respective residences, and weekly dayoff. Pursuant to Section 6 of R.A. No. 9208, the
crime committed by Nangcas was qualified trafficking, as it was committed in a large scale and three (3)
of her victims were under 18 years of age.
The presence of the crime's elements was established by the prosecution witnesses who testified during
the trial. The testimonies of Judith and three (3) other minor victims established that Nangcas employed
deception and fraud in gaining both the victims and their parents' trust and confidence.