G.R. No. 267140 - PEOPLE OF THE PHILIPPINES, VS. LARISSA NADEL DOMINGUEZ, ACCUSED-.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, this Court finds accused LARISSA NADEL DOMINGUEZ GUILTY beyond reasonable doubt of the crime of Violation of Section 6 of [Republic Act No.] 9208 and hereby sentences her to suffer the penalty of LIFE IMPRISONMENT and to pay the fine of [PHP 2 million] . She is also ordered to pay victim AAA [PHP] 500,000.00 as moral damages and [PHP] 100,000.00 as exemplary damages. SO ORDERED . [26] (Emphasis in the original) Dominguez filed a Notice of Appeal with the RTC. The Ruling of the CA The CA affirmed that the prosecution proved beyond reasonable doubt that Dominguez is guilty of Qualified Trafficking in Persons. The CA found that Dominguez took advantage of AAA's vulnerability and naivete. [27] In AAA's testimony, she stated that she did not know where Cagayan province is, and that Dominguez told her it was "at the back of Cubao." [28] Moreover, AAA accepted Dominguez' offer of employment because her family needed the money. AAA was also familiar with Dominguez, who was her neighbor and, therefore, appeared to be trustworthy. [29] The CA emphasized that trafficking may be committed even if the victim consents, especially in the case of child-victims since their consent is not given of their own free will, even if they are fully conscious of the act of trafficking. [30] The CA found that AAA was subjected to sexual abuse when male customers were allowed to caress her, kiss her, and touch her private parts. [31] She was also made to consume alcoholic drinks for a commission. [32] Sexual intercourse per se is not necessary so long as the recruitment was done for the purpose of sexual exploitation. [33] The CA accorded full faith and credit to AAA's testimony citing her youth and immaturity, [34] both badges of truthfulness and lack of guile. [35] The CA further ruled that there was a valid entrapment operation. [36] Agent Mesa testified that the employees of xxxxxxxxxxxxxxxxx offered the undercover operatives drinks and girls to choose from. [37] They chose four girls, including AAA, who introduced herself as "AAA." Agent Mesa's testimony was corroborated by SWOIII Saul who testified that she saw AAA, with other girls, entertaining the undercover operatives inside xxxxxxxxxxxxxxxxxxxx . [38] The CA affirmed the RTC Decision in full, and imposed on all monetary awards the interest rate of 6% per annum, from the date of finality of its Decision until fully paid: WHEREFORE, premises considered, the appeal is DENIED. The [Decision,] dated October 26, 2017[,] of the Regional Trial Court of [Branch xx , Aparri, Cagayan], in Criminal Cases No. II-12583, finding the accused-appellant, Larissa Nadel Dominguez, guilty beyond reasonable doubt of the crime of Qualified Trafficking in Persons, is AFFIRMED in toto. SO ORDERED.