2 women told to serve time, pay P1M total

TWO women face 15 years of imprisonment after a court found them guilty of trafficking three women, including two minors, in Mandaue City five years ago.

Emily Fernandez and Theresa Grecia were convicted of violating Republic Act (RA) 9208 (the Anti-Trafficking in Persons Act of 2003) by Regional Trial Court Branch 55 Judge Ferdinand Rafanan.

They were also ordered to pay P1 million in fines and damages to the victims.

The court convicted Fernandez, the recruiter, and Grecia, brothel owner, of attempted trafficking as part of a plea-bargaining agreement.

Human trafficking is defined by the United Nations as “recruiting, transporting, transferring, harboring or receiving a person through the use of force, coercion or other means, for the purpose of exploiting them.”

In the Philippines, offenders are charged with violating RA 9208, which was amended by RA 10364 (Expanded Anti-Trafficking in Persons) in 2012.

International Justice Mission (IJM) deputy field office director John Tanagho welcomed the conviction after the agreement.

“Significantly, these convictions were achieved through a plea bargain, which is a legal strategy gaining more traction in Cebu. This is significant because plea-bargaining strengthens the Philippine justice system by increasing the speed of trafficking prosecutions, allowing the system to hold more traffickers accountable for their crimes,” said Tanagho, a lawyer, in a press statement.

He further stated: “Plea-bargaining provides victims with justice and closure quicker than a trial. Instead of waiting for years with the uncertainty that the accused will be held accountable, victims move forward with their healing process and on with their lives. It also eliminates the potential for victims to fall prey to the illegal-but unfortunately common-defense tactic of witness tampering.”

In 2010, the IJM report said that the mother of the private complainant sought assistance from the Mandaue City Police Office (MCPO) to find and rescue her daughter, after learning her daughter was bound for Iloilo.

The MCPO coordinated with the maritime police in Iloilo by sending a copy of the girl’s picture, which helped confirm that the victim was a minor and was among the passengers.

Authorities successfully rescued the three victims.

Under RA 9208, a person is prohibited “to recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage.”

The law was amended by RA 10364, which does not give offenders the confidentiality clause they enjoyed while RA 9208 was still in effect.

RA 10364 also gives individuals who rescue victims of trafficking immunity from cases.

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