Settled is the rule that the trial court's conclusions on the credibility of witnesses in rape cases are generally accorded great weight and respect, and at times even finality, unless there appears certain facts, or circumstances of weight and value which the lower court overlooked or misappreciated and which, if properly considered, would alter the result of the case.
Section 3(a) of RA No. 9208 is explicit that the crime of trafficking in persons can exist even with the victim's consent.
It is worthy to stress that denial is an inherently weak defense which cannot prevail over the positive and credible testimony of the prosecution witness that the accused committed the crime. As between a categorical testimony which has the ring of truth on the one hand and a mere denial and alibi on the other, the former is generally held to prevail.[60]
In instigation, law enforcement officials lure the accused into committing a crime that he had no intention to commit in order to prosecute him. In entrapment, law enforcement officials merely employ ways and means to trap or capture a lawbreaker.
Instigation presupposes that the criminal intent to commit an offense originated from the inducer; the accused had no intention to commit the crime and would not have committed it if not for the initiatives of the inducer.
In entrapment, the criminal intent or design to commit the offense charged originates in the mind of the accused; the law enforcement officials merely facilitate the apprehension of the criminal by employing ruses and schemes.[61]
TESTIMONIES OF THE VICTIM
x x x In her testimony, AAA252353 narrated that Jerrie hired her as a domestic helper in March 2014. Jerrie took advantage of her lack of money and relatives in Manila, and used force and intimidation to compel her (1) to remove her clothes and exhibit her naked body before a web camera for the viewing and enjoyment of foreign clients, (2) to have intercourse and to perform other lascivious acts with Jerrie and Mark in front of a web camera while foreign clients were watching, and (3) to have intercourse and to perform other sexual acts with foreign clients for money and other consideration from March to June 2014. Jerrie also took sensitive photos and/or videos of AAA252353 and emailed them to clients for money.38
AAA252353 testified that Jerrie began to exploit her a week after she moved to his home:
x x x x
Q: Could you tell us what is this unusual incident that happened to you?
A: It was on the second week of March 2014 when he was chatting with his friend who is a foreigner and then he called me "[AAA252353, halika dito," and then he told me to take off my clothes and introduced me to the foreigner, sir.
x x x x
Q: [S]o, what happened when he called you while chatting with this foreigner?
A: Tapos pinapunta niya ako sa harapan niya tapos pinahubad niya po ako sabi ko sa kanya bakit po tapos sabi niya maghubad ka. Hinubad ko po ang damit ko at pinaikot-ikot niya po ako sa harapan ng foreigner.
x x x x
Q: How was this, Ms. Witness, because you said that he was just chatting with the foreigner using what? When he was chatting with this foreigner, what was Jerrie Arraz using, what particular gadgets or anything?
A: Laptop, sir.
Q: Do you know that this laptop has a webcam installed in it?
A: Yes, sir.
Q: Now, you were asked by Jerrie Arraz to take off your clothes and he asked you to turn around while naked. Did you comply?
A: Yes, sir.
Q: Why did you accede?
A: I got scared because he is a male person, sir.
Q: What happened when you were turning around naked?
A: Pagkatapos niya po pinaikot, ginalaw niya po ako tapos nakipagtalik po siya sa akin. Pinasok niya yung ari niya sa ari ko.
Q: And what happened to this foreigner he was chatting?
A: Tapos po nakita ko po yung foreigner na ginagalaw galaw niya po yung ari niya. Nakita ko po sa skype na ginalaw niya po yung ari niya.39 (Emphases supplied)
The first incident was followed by other occasions of prostitution and other forms of sexual exploitation. AAA252353 testified that Jerrie brought her to a hotel in Makati City in April 2014. He introduced her to a foreigner named Gunter and directed her to have sexual intercourse with him and to perform other sexual acts for money:
x x x x
Q: Anyway, when you reached the hotel in Makati, what did you do?
A: I was just sitting down, sir.
Q: Where did you sit?
A: In the room of Gunter, sir.
Q: And who is Gunter, Ms. Witness?
A: The friend of Jerrie Arraz who is a foreigner, sir.
Q: Then what happened next?
A: Jerrie Arraz called me and asked me to sit beside Gunter, sir.
Q: And what happened next?
A: [Pagkatapos po kinuha ni Jerrie Arraz ang kamay ko tapos pinahawak-hawakan niya ang kamay ko sa ari ni Gunter.]
x x x x
Q: When you said "[ginalaw ka ni Gunter]," what do you mean exactly, Ms. Witness?
A: [Nakipagtalik po sa akin si Gunter. Pinasok niya yung ari niya sa ari ko].
[x x x x]
Q: And then what happened next?
A: Gunter gave Jerrie Arraz P6,000.00, sir.
Q: And, if you know, why did Gunter give Jerrie Arraz [₱]6,000.00?
A: Because he was selling me and it was the exchange, sir.
Q: And then what happened next?
A: Jerrie Arraz did not accept the [₱]6,000.00 then Gunter gave me [₱]12,000.00. Gunter told me that [the] [P]5,000.00 is to buy a cellphone, sir.
x x x x
Q: So, what did you do with the rest of the money?
A: I gave the [₱]12,000.00 to Jerrie when we are in the taxi. I know that he will give me money, sir.
x x x x
Q: Did Jerrie Arraz give you money?
A: No, sir. He just bought me a pair of sandals worth [P]1,000.00, sir.40 (Emphases supplied and citation omitted)
Jerrie also brought AAA252353 and CCC252353, a minor, to a hotel in Manila to meet another foreigner named John in June 2014. John had intercourse with AAA252353 while Jerrie had sex with CCC252353. John and Jerrie exchanged partners after. John paid Jerrie for the services of AAA252353 and CCC252353:
x x x x
Q: Now, what happened, Ms. Witness, when you reached that hotel in Manila?
A: After that he went to his friend named John, sir.
x x x x
Q: And then, what happened after that?
A: Jerrie and John instructed us to undress and to take a bath in the shower, sir.
Q: You mentioned that you are also with [CCC252353, Ms. Witness?
A: Yes, sir.
[x x x x]
Q: Now, Ms. Witness, what happened after you and [CCC252353 were asked to take a bath?
A: After we took a bath, John told us to lay on the bed, sir.
x x x x
Q: And then, what happened after that?
A: [Pagkatapos po noon ay una pong pumatong sa akin ay si] John, sir.
Q: What do you mean by that, Ms. Witness, when you said that "[ang unang pumatong sa iyo ay si] John?"
A: [Pinasok niya po yung ari niya sa ari ko], sir.
Q: And then you mentioned that you were with [CCC252353] also on that bed, now, if you know [what] was [CCC252353] do?
A: ["Pinahiga ni Jerrie Arraz tapas pumatong si Jerrie, pinasok ang ari ni Jerrie Arraz sa ari ni] [CCC252353], sir."
Q: And was this happening at the same time as where this John is on top of you?
A: Yes, sir.
Q: And then what happened after that, Ms. Witness?
A: ["Pagkatapos po ni] John, [si] Jerrie [naman. Pinapasok niya ang ari niya sa ari ko], sir."
Q: And how about [CCC252353], Ms. Witness?
A: ["Si John naman po, Pumatong sa kanya, pinasok niya po ang ari ni John sa ari ni] [CCC252353], sir."
[x x x x]
Q: Now, would you known [sic] if this John paid Jerrie Arraz any money?
A: Yes, sir.
Q: How do you know that John paid Jerrie Arraz money?
A: I saw John paid Jerrie Arraz.
[x x x x]
Q: And, Ms. Witness, if you know, why did John pay Jerrie?
A: ["Sa pambubugaw niya po sa akin at pambababoy po], sir."
Q: Now, Ms. Witness, you said that Jerrie Arraz left and you stayed in that hotel, what happened next?
A: Jerrie gave us [₱]1,000.00 each.
[x x x x]
Q: To your knowledge, what was [the] [₱]1,000.00 for, if you know?
A: As payment to us, sir.41 (Emphases supplied and citation omitted)
Jerrie repeatedly compelled AAA252353 to take off her clothes. At times, Jerrie took AAA252353's clothes off himself with the assistance of Mark and paraded AAA252353's naked body in front of the computer for the enjoyment of foreigners who patronized pornography.
There were also instances when Jerrie forced AAA252353 to perform sexual acts on him, had intercourse with AAA252353 against her will, alone or with another man, while foreign clients watched through web cameras.42 From the foregoing, the prosecution was able to establish that Jerrie committed two counts of trafficking in persons against AAA252353 qualified by the fact that the crime was committed for over 60 days.
Jerrie was also charged with three counts of rape under Articles 266-A(1)(a), 266-A(1)(b); and 266-A(2)43 in relation to Article 266-B44 of The Revised Penal Code, as amended by RA No. 8353, on October 22, 1997.
To substantiate the first charge of rape through sexual intercourse (accomplished through the use of force or intimidation), AAA252353 testified that Jerrie was chatting with an Australian, Patrick, on his laptop in June 2014. He called AAA252353 and told her to undress. When AAA252353 refused to follow Jerrie's order, Jerrie and Mark undressed her. Mark had intercourse with AAA252353 against her will. After, Jerrie had carnal knowledge of AAA252353 through force and intimidation and despite Jerrie's knowledge that she was around four months pregnant. Patrick watched the lascivious acts committed by Mark and Jerrie against AAA252353. AAA252353, however, failed to prove that Jerrie was aware of her pregnancy when he had carnal knowledge of her.46
In support of the second charge of rape through sexual intercourse (committed while the victim was intoxicated and semi-conscious), AAA252353 narrated that after having intercourse with Gunter in his hotel, she and Jerrie went to a bar to meet Jerrie's friend, Ramil. The three of them drank liquor and AAA252353 got drunk. Jerrie and Ramil brought AAA252353 to Jerrie's house. Jerrie and Ramil took off AAA252353's clothes and Jerrie had carnal knowledge of AAA252353 while she was heavily intoxicated and deprived of reason:
x x x x
Q: And then after he gave you drink, liquor, what happened next?
A: I got drunk and they brought me to the house of Jerrie Arraz, sir.
Q: And then what happened next?
A: They brought me to the third floor and at that time, I was totally drunk then Jerrie Arraz and Ramil took my clothes off, sir.
Q: And then what happened next?
A: [Nakipagtalik po si Jerrie sa akin. Ginalaw niya po ako. Kung anu-ano ang ginawa niya sa katawan ko].
x x x x
Q: And when did this happen?
A: Third week of April, Your Honor. After we go to the place of Gunter, Your Honor.47 (Emphases supplied)
"[T]he following are the elements of Rape by Sexual Assault under Article 266-A(2) of the RPC":
(1) [t]hat the offender commits an act of sexual assault;
(2) [t]hat the act of sexual assault is committed by any of the following means:
(a) [b]y inserting his penis into another person's mouth or anal orifice; or
(b) [b]y inserting any instrument or object into the genital or anal orifice of another person; or
(3) [t]hat the act of sexual assault is accomplished under any of the following circumstances:
(a) [b]y using force and intimidation;
(b) [w]hen the woman is deprived of reason or otherwise unconscious;
(c) [b]y means of fraudulent machination or grave abuse of authority; or
(d) [w]hen the woman is under 12 years of age or demented.48 (Emphases supplied)
To prove the charge of rape by sexual assault, AAA252353 testified that Jerrie chatted with Maurice, another foreigner, on his laptop in June 2014. At Maurice's order, Mark had intercourse with AAA252353 against her wishes while Jerrie inserted his penis into AAA252353's anus simultaneously:49
x x x x
Q: What did you exactly see in the laptop, Ms. Witness?
A: I saw Maurice Blose in the laptop looking at me, sir.
Q: And then, what happened after that, Ms. Witness?
A: After that, sir, Jerrie asked me to undress with Mark, who was 15 years old at that time.
x x x x
Q: And then, what happened after that, Ms. Witness?
A: ["Pagkatapos po inutusan pa po ni] Maurice [si] Jerrie [na galawin po nila, sir"].
Q: And after Maurice gave instructions to Jerrie ["na galawin ka"], what happened next?
A: They forced me to undress me, sir.
Q: And what was your reaction when they forced to undressed you, Ms. Witness?
A: I refused while I was standing sir.
Q: What did you do, Ms. Witness, if any?
A: ["Noong nakatayo po ako tapos po pinasok po ni Mark [y]ung ari niya sa ari ko tapos po si Jerrie Arraz po nasa pwet ko po, sir."]
x x x x
Q: How did you feel?
A: I cried, sir.
Q: Why did you cry?
A: ["Kasi po sabay po nila pinasok yung ari nila sa ari ko, sir."]50 (Emphases supplied)
[x x x x]
PEOPLE OF THE PHILIPPINES vs. JERRIE ARRAZ Y RODRIGUEZ, G.R. No. 252353. July 06, 2022
LOPEZ, M., J.
FOLLOW US!
❤️ SUPPORT
⚖️ BLOG
🛒 SHOP
Comments