G.R. No. 211721 - PEOPLE OF THE PHILIPPINES, VS. WILLINGTON RODRIGUEZ Y HERMOSA, ACCUSED-.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the Court finds accused WILLINGTON RODRIGUEZ y HERMOSA guilty beyond reasonable doubt of the offense as charged [Violation of Republic Act 9208 committed in a large scale] and is hereby sentenced to suffer the penalty of life imprisonment and to pay a fine of P2,000,000.00. [15] The trial court held that Rodriguez's acts of offering sex to PO1 Escober, calling the three (3) pickup girls for him to choose from, and receiving money are clearly acts of human trafficking. [16] It gave more weight to the positive testimony of PO1 Escober over Rodriguez's unsubstantiated denial. [17] Likewise, the trial court noted that PO1 Escober had no improper motive to falsely testify against the accused. [18] Finally, it held that absent ill motive, the presumption of regularity in the performance of duty must prevail. [19] The trial court explicitly said: The acts of the accused in offering sex to PO1 Escober, calling the three [3] pick-up girls so that he could choose from them and receiving money therefor are clearly acts of human trafficking or trafficking in persons defined and penalized under Sec. 10[c] of R.A. No. 9208. Accused denied the charge[s] by testifying that he was in front of McDonalds Restaurant in Quezon Avenue selling cigarettes. Where there is positive identification of the accused as the perpetrators of the crime, their defense of denial and alibi cannot be sustained. Denial and alibi, unsubstantiated by clear and convincing evidence, are self-serving and hardly deserve greater evidentiary weight than the declaration of witnesses on affirmative defenses. (citations omitted) Accused likewise testified that while he was selling cigarettes, PO1 Escober grabbed him and together with his fellow police officer[s], they brought him to Police Station 2 where he was investigated and subsequently charged contrary to the testimony of PO1 Escober that it was the accused who flagged the vehicle they were riding in and offered sex. There is no improper motive that could be imputed to PO1 Escober that he would falsely testify against the accused. The absence of evidence as to an improper motive entitles PO1 Escober's testimony to full faith and credit. The testimony of police officers carried with it the presumption of regularity in the performance of official functions. In the absence of ill motive, the presumption of regularity in the performance of the policeman's official duty must prevail. (citations omitted) The Arguments of the Accused On appeal, Rodriguez anchored his defense on the failure of the prosecution to present any evidence that would establish that he recruited, transported, or transferred the alleged three (3) women for the purpose of prostitution. [20] These women, in fact, were not presented in court and neither did they execute any sworn statement. [21] Rodriguez also faulted the prosecution for not presenting the original marked money despite the fact that it was in P/Insp. Lopez's possession. [22] In