THE Supreme Court (SC) has upheld the conviction of a 68-year-old foreigner for sex crimes against a 15-year-old girl in the Philippines.
The High Court reclassified one of the charges from sexual abuse to rape, resulting in a more severe penalty against the accused, Willem Johannes Stange Peek.
The foreigner was also found guilty beyond reasonable doubt of qualified trafficking in persons.
The SC En Banc sentenced Peek to 40 years in prison, after finding he forced the victim to go to his apartment to engage in sexual acts in exchange for money and under threat of uploading her nude photos online if she refused, according to Supreme Court PH Facebook page.
The SC promulgated its decision on Feb. 25, 2025, but released it on its Facebook page on Wednesday, June 18, 2025.
The place of incident is redacted from the SC En Banc’s decision penned by Associate Justice Antonio Kho Jr.
The case stemmed from two information filed with the Regional Trial Court (RTC).
The prosecution alleged that in October 2016, Jenny met Peek through Facebook Messenger, and they became “sweethearts.”
Peek allegedly asked Jenny for nude photos, which she sent in exchange for money — P1,000, P5,000 and P10,000. When Jenny tried to stop, Peek threatened to upload the images to her Facebook page. They agreed to meet on Jan. 31, 2017, for which Jenny received P10,000.
According to the prosecution, Jenny went to Peek’s apartment in the Philippines on the agreed date. After her sister left, Peek forcibly removed Jenny’s clothes, performed various sexual acts, and had sexual intercourse with her. Jenny testified that she cried and asked him to stop, but Peek refused.
Peek was arrested by a police officer after Jenny and her sister went to the police station to ask for help, following the events that transpired in Peek's apartment on Jan. 31, 2017.
Peek denied the charges, claiming Jenny voluntarily sent the nude photos, persistently asked for money, and later left with her sister after supper.
He also cited Jenny’s affidavit of recantation.
Lower court rulings
The RTC, in a joint decision dated April 2, 2018, convicted Peek. For sexual abuse under Section 5(b) of Republic Act (RA) 7610, the court imposed an indeterminate sentence of eight years and one day of prision mayor, as minimum, to 14 years, eight months and one day of reclusion temporal, as maximum. He was also ordered to pay P15,000 in moral damages and a P15,000 fine.
For qualified trafficking in persons under RA 9208, as amended by RA 10364, Peek was sentenced to life imprisonment and fined P2 million, and ordered to pay P500,000 in moral damages and P100,000 in exemplary damages.
The RTC dismissed both Peek’s denial and Jenny’s recantation, ruling that recantations are often motivated by intimidation or monetary inducement.
The Court of Appeals (CA) affirmed the RTC ruling with modifications on July 19, 2019. It increased the maximum penalty for sexual abuse to 17 years, four months and one day of reclusion temporal, and awarded additional civil indemnity and exemplary damages. It also deleted the P15,000 fine for qualified trafficking.
The CA emphasized that consent is immaterial in sexual abuse cases under RA 7610 involving children exploited in prostitution or sexual abuse.
It cited the significant age gap — Peek was 68 and Jenny was 15 — which placed him in a position of power. The CA ruled that Peek used money and threats to exploit Jenny’s vulnerability and poverty. It also found the recantation unreliable.
SC ruling and charge reclassification
The SC affirmed Peek’s criminal liability but ruled that his conviction in CR-FMY Case No. 2017-1126 should be for rape under the Revised Penal Code (RPC), not sexual abuse under RA 7610.
Citing the landmark case People vs. Tulagan, the SC held that carnal knowledge of a minor aged 12 to 17 through force or intimidation constitutes rape under Article 266-A(1)(a) of the RPC.
The SC found that the Information specifically alleged the use of force and intimidation.
Jenny’s testimony about crying, resisting, and Peek’s attempts to silence her supported this finding.
The SC also noted that RA 7610 applies only when a minor is exploited in prostitution or sexual abuse due to coercion or influence by others, a condition not met in this case.
Under RA 8353, which amended the RPC, rape imposes a heavier penalty and offers stronger deterrence. Accordingly, Peek was sentenced to reclusion perpetua for rape and ordered to pay Jenny P75,000 each in civil indemnity, moral damages and exemplary damages.
Trafficking conviction affirmed
In CR-FMY Case No. 2017-1127, the SC upheld Peek’s conviction for qualified trafficking in persons.
The High Court found all elements present: Jenny was a minor; Peek harbored her for sexual exploitation; and he took advantage of her vulnerability by offering money and making threats.
Under RA 9208, as amended, trafficking involving a child is punishable regardless of the victim’s consent or the use of force.
Peek was sentenced to life imprisonment and fined P2 million. He was also ordered to pay Jenny P500,000 in moral damages and P100,000 in exemplary damages.
The SC reiterated the unreliability of recantations, consistent with the lower courts’ findings. It ruled that such retractions are generally viewed with disfavor and are easily secured through intimidation or bribery.
All monetary awards shall earn six percent annual interest from the date the decision becomes final until fully paid. (KAL)