THE SUPREME Court (SC) has upheld the life imprisonment sentence of an Australian national and a Filipina found guilty of recruiting minors for prostitution, pornography, and sexual exploitation.
In a news release Monday, the SC said its Second Division affirmed the conviction of Peter Gerald Scully and Carme Ann Alvarez for qualified trafficking under Republic Act (RA) 9208 or the Anti-Trafficking in Persons Act of 2003.
On Sept. 19, 2014, Alvarez lured two girls, aged nine and 12, from a mall by offering them food and promising more if they came with her. She took them to a house where they met Scully.
Once inside, Scully gave them alcohol, made them undress, and took photos of them naked.
Scully and Alvarez then sexually exploited the girls while documenting their lewd acts using a laptop.
The girls managed to escape four days later and immediately reported the crime to the police.
The Regional Trial Court (RTC) and the Court of Appeals convicted Scully and Alvarez, prompting their present appeal before the SC.
Scully and Alvarez argue that their acts do not constitute trafficking as they abducted the girls to satisfy their lust, not of others.
They further claimed that no pornographic material was shown as evidence and that the RTC violated their constitutional right to be heard when they were unable to present their defenses.
The SC denied their appeal, finding that all elements of trafficking under RA 9208 were clearly met.
“Trafficking occurs when individuals are recruited, transported, or transferred -- regardless of consent or knowledge -- under threats, coercion, deception, or abuse of power, for exploitative purposes such as prostitution, forced labor, slavery, or removal or sale of organs,” the SC noted.
The crime is classified as qualified trafficking when the victims are minors, which carries a life sentence.
“The essence of trafficking is the act of recruiting or using, with or without consent, another human being for sexual exploitation. It is sufficient that they were proven to have lured, enticed, and transported their victims for sexual exploitation. Therefore, Scully and Alvarez are not cleared of guilt just because no pornographic material was found.”
The SC also ruled that their constitutional right to be heard was not violated when they failed to present their defense before the RTC.
It pointed out that their lawyers repeatedly requested trial postponements, which the RTC liberally granted to ensure fairness.
However, after multiple absences by both the accused and their counsel, the RTC determined that they had waived their right to present evidence.
“Courts do not have to wait indefinitely for the accused, as they must ensure a swift and fair trial. If the accused is given enough chances to present evidence but still neglects their defense, they may be considered to have waived their right to do so,” the SC said.
“Indeed, for justice to prevail, the scales must be balanced, and judges must ensure that all those who appear or are brought to the bar of justice are afforded a fair opportunity to present their side. In the same breadth, however, judges are warned to be on their guard against motions for postponements by the accused which are designed to derail and frustrate criminal proceedings.”
Scully and Alvarez were sentenced to life imprisonment, each fined up to PHP5 million and ordered to pay each victim PHP600,000 in damages. (Benjamin Pulta)
No comments:
Post a Comment