The Supreme Court has affirmed that in prosecuting human trafficking, the testimony of a confidential informant is not indispensable. The ruling emphasizes that proving the accused lured, enticed, or transported victims for exploitation is sufficient for conviction. This decision reinforces the commitment to protecting vulnerable individuals from exploitation and ensures that convictions can be secured even when informants are unavailable to testify, streamlining the prosecution of trafficking cases and safeguarding victims.

Entrapment in Manila: Can a Trafficker Be Convicted Without the Informant’s Testimony?

The case of Reynaldo Santiago, Jr. v. People of the Philippines arose from an entrapment operation in Manila, where Reynaldo Santiago, Jr. was charged with trafficking a person, identified as AAA, for prostitution. The prosecution presented evidence that Santiago offered AAA to a police asset for sexual exploitation, promising her a portion of the payment. Santiago was convicted by the Regional Trial Court, and the conviction was affirmed by the Court of Appeals. The central legal question was whether the testimony of the confidential informant, who posed as the customer, was indispensable to prove Santiago’s guilt beyond a reasonable doubt.

The Supreme Court denied the petition, affirming the lower courts’ decisions. The Court emphasized the trial court’s role in assessing witness credibility, acknowledging its unique position to observe demeanor and conduct on the stand. The Court referred to Section 3(a) of Republic Act No. 9208, the Anti-Trafficking in Persons Act, which defines trafficking in persons as:

Trafficking in Persons – refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders 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 persons, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, 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.

The Court outlined the elements of trafficking in persons, drawing from People v. Casio, which include the act of recruitment, transportation, or harboring; the means used, such as threat, force, or deception; and the purpose of exploitation. The Court found that the Information sufficiently charged Santiago with trafficking under Section 4(a) of the Act, even though it cited Section 4(c). This is because the Information described the offense, not merely designated it. The court referenced People v. Ramirez which held that the victim’s consent is not a valid defense.

This Court in People v. Rodriguez acknowledged that as with Casio, the corroborating testimonies of the arresting officer and the minor victims were sufficient to sustain a conviction under the law. In People v. Spouses Ybañez, et al., this Court likewise affirmed the conviction of traffickers arrested based on a surveillance report on the prostitution of minors within the area. . . . Casio also recognizes that the crime is considered consummated even if no sexual intercourse had taken place since the mere transaction consummates the crime.

The testimony of AAA, the trafficked person, was crucial. She recounted how Santiago engaged her for the illicit transaction, detailing the offer and the agreed payment. AAA stated she was offered to be prostituted for 500 pesos and she would receive 350 pesos. This testimony was corroborated by the police officers who conducted the entrapment operation, affirming the sequence of events. They were able to recall in detail the steps they had taken to verify the surveillance report. The Court emphasized that the testimony of the confidential informant was not indispensable.

The Court of Appeals explained, “Jurisprudence consistently holds that there are compelling considerations why confidential informants are usually not presented by the prosecution. One is the need to hide their identity and preserve their invaluable service to the police.” The Court stated it is sufficient that the accused lured, enticed, or engaged its victims or transported them for the established purpose of exploitation. For these reasons, Santiago was found guilty and damages were given to AAA.

Moral damages of P500,000.00 and exemplary damages of P100,000.00 were imposed, with interest at the rate of six percent (6%) per annum from the finality of the Decision until fully paid. The court referenced People v. Lalli when awarding the damages:

The criminal case of Trafficking in Persons as a Prostitute is an analogous case to the crimes of seduction, abduction, rape, or other lascivious acts. In fact, it is worse.

FAQs

What was the key issue in this case?	The key issue was whether the testimony of the confidential informant was indispensable to prove Reynaldo Santiago, Jr.’s guilt in trafficking a person for prostitution.
What is the definition of Trafficking in Persons according to Republic Act No. 9208?	Trafficking in Persons involves the recruitment, transportation, transfer, or harboring of individuals, with or without their consent, for the purpose of exploitation, including prostitution, sexual exploitation, forced labor, or slavery.
What are the elements of the crime of Trafficking in Persons?	The elements include the act of recruitment or transportation, the means used such as force or deception, and the purpose of exploitation.
Was the victim’s consent a valid defense in this case?	No, the court referenced People v. Ramirez which held that the victim’s consent is not a valid defense.
Why was the confidential informant not presented as a witness?	Confidential informants are often not presented to protect their identity and ensure their continued service to law enforcement, as well as to safeguard them from potential retaliation by criminals.
What damages were awarded to the victim in this case?	The victim, AAA, was awarded moral damages of P500,000.00 and exemplary damages of P100,000.00, with interest at six percent (6%) per annum from the finality of the Decision until fully paid.
What law did Reynaldo Santiago, Jr. violate?	Reynaldo Santiago, Jr. was found guilty of violating Section 4(a) of Republic Act No. 9208, also known as the Anti-Trafficking in Persons Act of 2003.
What was the significance of the police officers’ testimony in this case?	The police officers’ testimony corroborated the victim’s account and detailed the steps taken during the entrapment operation, strengthening the prosecution’s case against Santiago.

In conclusion, the Supreme Court’s decision underscores the importance of protecting victims of human trafficking and ensuring that those who exploit them are brought to justice. The ruling clarifies that the testimony of a confidential informant is not indispensable for conviction, provided there is sufficient evidence to prove the elements of trafficking beyond a reasonable doubt.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Reynaldo Santiago, Jr. v. People, G.R. No. 213760, July 01, 2019