The Supreme Court’s Firm Stance Against Child Trafficking and Abuse

Wilbert Brozoto y De Leon v. People of the Philippines, G.R. No. 233420, April 28, 2021

In a world where innocence should be protected, the exploitation of children through trafficking and abuse remains a harrowing reality. The case of Wilbert Brozoto y De Leon versus the People of the Philippines sheds light on the grim reality of child trafficking and the legal system’s response to such heinous acts. This case underscores the Philippine Supreme Court’s commitment to safeguarding children from exploitation, emphasizing the severe penalties for those who engage in these crimes.

Wilbert Brozoto y De Leon was convicted of child trafficking and child abuse after he allegedly recruited a 14-year-old girl for prostitution. The central legal question revolved around whether the prosecution could prove Brozoto’s guilt beyond reasonable doubt, and how the legal system interprets and applies laws designed to protect minors from such exploitation.

Legal Context: Understanding Child Trafficking and Abuse Laws

Child trafficking and abuse are addressed under Republic Act No. 9208, known as the Anti-Trafficking in Persons Act of 2003, and Republic Act No. 7610, the Special Protection of Children Against Abuse, Exploitation and Discrimination Act. These laws aim to protect children from exploitation, with RA 9208 defining trafficking in persons as the recruitment, transportation, transfer, or harboring of persons for exploitation, including prostitution. RA 7610 specifically addresses child prostitution and other forms of sexual abuse.

Key to understanding these laws is the concept of ‘qualified trafficking,’ which applies when the victim is a child. According to RA 9208, a child is defined as anyone below 18 years old. The law states, “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.”

RA 7610 defines child prostitution as children engaging in sexual intercourse or lascivious conduct for money or under coercion. The law imposes severe penalties on those who engage in or promote child prostitution, including acting as a procurer of a child prostitute.

Case Breakdown: The Journey of Justice

The case began when AAA, a 14-year-old girl, ran away from home due to a misunderstanding with her mother. Left vulnerable and in need, AAA was approached by Brozoto, who, through a common friend, offered her money in exchange for sexual services. Brozoto instructed AAA to claim she was 18 years old to potential clients.

On November 28, 2011, AAA was taken by a man in a red car to a house where she was sexually exploited. After the incident, AAA received P2,000, of which she gave P600 to Brozoto. Following her ordeal, AAA’s mother found her, and they reported the incident to the police. Medical examination later confirmed signs of sexual abuse.

Brozoto was charged with child trafficking under RA 9208 and child abuse under RA 7610. The Regional Trial Court (RTC) convicted him based on AAA’s testimony, which was found to be candid and straightforward. The Court of Appeals (CA) affirmed this conviction, emphasizing that the testimony of a single witness can be sufficient if trustworthy and reliable.

The Supreme Court upheld the conviction, stating, “The gravamen of the crime of trafficking is ‘the act of recruiting or using, with or without consent, a fellow human being for [inter alia,] sexual exploitation.’” The Court also noted, “The victim’s consent is rendered meaningless due to the coercive, abusive, or deceptive means employed by perpetrators of human trafficking.”

Brozoto was sentenced to life imprisonment for qualified trafficking in persons and an indeterminate sentence for acting as a procurer of a child prostitute. The Court also awarded AAA moral and exemplary damages, recognizing the severe impact of the crimes on her life.

Practical Implications: Protecting Children and Preventing Exploitation

This ruling reinforces the Philippine legal system’s zero-tolerance policy towards child trafficking and abuse. It serves as a warning to potential offenders that the consequences of such crimes are severe, including life imprisonment and substantial fines.

For individuals and organizations working with or around children, this case highlights the importance of vigilance and the need to report any suspicious activities. It also underscores the importance of educating children about their rights and the dangers of exploitation.

Key Lessons:

• Child trafficking and abuse are serious crimes with severe legal consequences.
• The testimony of a child victim, if found credible, can be sufficient to secure a conviction.
• Consent of a minor in cases of sexual exploitation is not a valid defense.
• Organizations and individuals must be proactive in protecting children from potential exploitation.

Frequently Asked Questions

What is child trafficking?
Child trafficking involves the recruitment, transportation, transfer, or harboring of a child for the purpose of exploitation, including prostitution, forced labor, or other forms of sexual exploitation.

What laws protect children from trafficking and abuse in the Philippines?
The primary laws are Republic Act No. 9208 (Anti-Trafficking in Persons Act) and Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act).

Can a child’s consent be used as a defense in trafficking cases?
No, a child’s consent is not a valid defense in trafficking cases. The law presumes that a child is incapable of giving rational consent to any sexual activity.

What are the penalties for child trafficking and abuse?
Penalties can include life imprisonment and fines ranging from P2,000,000 to P5,000,000 for qualified trafficking, and indeterminate sentences for other related offenses.

How can individuals help prevent child trafficking?
Individuals can help by staying vigilant, reporting suspicious activities, and educating children about their rights and the dangers of exploitation.

ASG Law specializes in child protection and human rights law. Contact us or email hello@asglawpartners.com to schedule a consultation.