THE Court of Appeals (CA) overturned an earlier decision of a Regional Trial Court (RTC) in Baguio City convicting an American of qualified trafficking in persons.
Associate Justice Rodil Zalameda, in his 24-page decision, reversed and set aside the guilty verdict promulgated by RTC Branch 7 and acquitted American citizen David Stonecypher, who was earlier found guilty of qualified trafficking in persons.
The CA order, released April 5, also directed the immediate release of Stonecypher from detention unless he is detained for other lawful cause.
Stonecypher was convicted by the lower court in 2016 to suffer the penalty of life imprisonment and pay the fine of P2 million after being found guilty beyond reasonable doubt for the crime of qualified human trafficking in persons.
The RTC, however, dismissed another count of qualified trafficking in persons and a separate charge of sexual abuse, which were simultaneously filed against the foreigner.
The case stemmed from the complaint of two minors, a 17-year-old male and a 15-year-old male, both from Bislig City, Surigao del Sur, who were promised shelter, clothing and education and subsequently transported from their place to the city but ended up being allegedly abused by the foreigner.
At the outset, the American national raised the defense of denial, which the Supreme Court has time and again ruled to be the weakest of all defenses.
“In convicting the accused, the court a quo merely made a sweeping determination, recited the charges in the Amended Information and the applicable provisions of RA (Republic Act) 9208, without, however, discussing whether or not ALL the elements of the offense were proven beyond reasonable doubt,” the CA order stated.
The CA decision added that as an element of qualified trafficking in persons, sexual exploitation is limited to engaging the child–victim in prostitution or in the production of pornographic materials or sexual performances.
“To establish this element, it must be proven beyond reasonable doubt that the accused-appellant specifically intended that harboring, transporting or transferring the victims from Surigao del Sur to Baguio City was for sexual exploitation,” stated the decision.
The CA said there was no evidence, testimonial or otherwise, to show that accused-appellant knowingly harbored, transported or transferred the victim to Baguio specifically for the purpose of child sexual exploitation, either in the form of exploitation for prostitution or for the production of pornographic materials and/or sexual performances.
It added that sexual exploitation, either through prostitution or through the production of pornography, presupposes that there be some kind of exchange, benefit or gain, be it monetary, in kind, or intangible, e.g. political or social advantage, in favor of the perpetrator. (SunStar Baguio)