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SECOND DIVISION

PEOPLE OF THE PHILIPPINES, G.R. No. 251872

Plainti ff-appel lee,
Present:
-versus-
LEONEN, S.A.J, Chairperson,
LAZARO-JAVIER,
VANESSA BANAAG y BAYLON,
LOPEZ, M .,
Accused-appellant.
LOPEZ, J., and
KHO, JR.,JJ

Promulgated:

x----------- ----------------------------------------- ------------------------ - ----------x

DECISION

LOPEZ, M., J.:

In this appeal , 1 Vanessa Banaag y Baylon (Vanessa) questions the

Decision 2 dated August 9, 2019 of the Court of Appeals (CA) in CA-G.R.
CR-HC No. 09192 that affirmed her conviction for qualified trafficking in
persons under Section 6(a) 3 in relation to Section 4(a) 4 of Republic Act (RA)

See Notice of Appea l dated August 30, 2019; rollo, pp. 30- 32 .
hi. at 3- 29. Penn ed by Associate Justice Pab lito A. Perez, with the concu rrence of Associate Just ices
Manuel M. Barrios and Rona ldo Roberto B. Ma rtin of the Court of Appeals, Manila, Special Seventeenth
Division .
Section 6. Qualified Trafficking in Person~·- - Vio lations of Section 4 of thi s Act sha ll be considered as
qualified trallicking:
(a) When the tralficked persc,;i is a ch il d[.]
Section 4. Acts of1ra/ficking in Persons. -- - It sha ll be unlawful fo r any person, natura l or juridical, to
commit any of the fo ll owi ng acts:
(a) To recrui t, obtai n, hire, provide, offer, transport, transfer, maintain, harbor, or receive a person
by any means, including those done under the pretext of domes ti c or overseas emp loyment or
training or apprenticesh ip, for the purpose of prostitution, pornography, or sex ual exp loitat ion[.]

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Decision 2 G.R. No. 251872

No. 9208, 5 as amended by RA No. 10364, 6 and child prostitution under

Section 5(a)(l)7 of RA No. 7610. 8

Antecedents

Vanessa w~s charged with qualified trafficking m persons and child

prostitution in two separate Infonnations, as follows:

In Criminal Case No. RTC 2014-0680

{For qualified trafficking in persons/

The undersigned Assistant City

Camarines Sur, accuses [VANES SA] of
Carnarines Sur of Qualified Trafficking in Persons
defined under Sec. 3(a) & (b) penalized under Sec. lO(e) and prohibited
under Sec. 4(a) in relation to 6(a) of RA [No.] 9208 known as the "Anti-
Trafficking in Persons Act of2003" AS AMENDED BY RA [No.] 10364,
committed as follows:

That [within the period beginning] February 2013, in the 11111

- Philippines, and within the jurisdiction of this Honorable Court, the
above-named accused, with the qualifying circumstance of minority, did,
then and there, willfully and unlawfully, recruit, maintain or hire,
[AAA251872], 10 17 year (sic) old, for sexual exploitation and transact her
for use of a customer for sexual intercourse in exchange for money, taking
advantage of the vulnerability of the minor, in violation of the above-cited
law.

ACTS CONTRARY TO LAW. 11

Entitled "An Act to Institute Policies to Eliminate Trafficking in Persons Especially Women and
Chiidren 1 Establishing the Necessary Institutional Mechanisms for the Protection and Support of
Trafficked Persons, Providing Penalties for its Violations, and for Other Purposes" (2003).
6
Entitled "An Act Expanding Republic Act No. 9208, Entitled 'An Act to Institute Policies to Eliminate
Trafficking in Persons Especially Women and Children, Establishing the Necessary Institutional
Mechanisms for the Protection and Support of Trafficked Persons, Providing Penalties for its Violations
and for Other Purposes"' (20 I 3 ).
Section 5. Child Prostitution and Other Sex:ual Abuse.~ Children, whether male or female, who for
money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or
group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse. 1.
The penalty ofreclusfon temporal in its medium period to reclusion perpetua shall be imposed upon the
following:
(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are
not limited to, the following:
(I) Acting as a procurer of a child prostitute[.]
Entitled "An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse,
Exploitation and Discrimination, and for Other Purposes" (I 992).
9 Supreme Court Amended Administrative Circular No. 83-2015 states that the geographical location
where the crime was committed should refer only to the province where the crime occurred. References
to the specific barangay or town should be blotted out from the body of the court decision if its
identification could lead to the disclosure of the women or children victims.
10
The identity of the victim or any information which could establish or compromise their identity, and
those of their immediate family or household members, shall be withheld pursuant to RA No. 7610; RA
No. 9262, entitled "An Act Defining Violence Against Women and Their Children, Providing for
Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes" (2004); and
Section 40 of A.M. No. 04-10-11-SC, entitled "Rule on Violence Against Women and Their Children"
(2004).
11
Records (Criminal Case No. RTC 2014-0680), p. ].

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Decision 3 G.R. No. 251872

In the Amended Information in Criminal Case No. RTC 2014- 0681

/For violation of Section S(a)(J) of RA No. 7610/

The undersigned Assistant City Prosecutor of

Sur, accuses [VANESSA] of
Camarines Sur of the crime of VIOLATION OF
SECTION 5(a)[,] PARAGRAPH l OF [RA No.] 7610, committed as
follows:

That within the period beginning February-November, 2013, in the

Philippines, and within the jurisdiction of this Honorable
Court, the above-named accused, did, then and there, wil[l]fully, unlawfully
and criminally, promote, facilitate and i n d ~ a i n i n g witness
[AAA251872], a 17 year old minor ( D O B : ~ , to indulgein
prostitution in exchange for money, by acting as a procurer of a child
prostitute, to the damage and prejudice of herein complaining witness.

ACTS CONTRARY TO LA W. 12

The two Informations were consolidated, and upon arraignment,

Vanessa pleaded not guilty to both charges. In the Pre-Trial Order, the
following facts were stipulated: ( 1) the identity of the accused as the same
Vanessa named in the two Informations; (2) that the accused is unemployed;
and (3) the minority of complainant AAA25 l 872 at the time of the incident.
Vanessa and her counsel did not sign the Pre-Trial Order. Then, trial on the
merits ensued. 13

The prosecution presented the testimonies of AAA25 l 872, her mother,

B8B25 l 872, her sister CCC25 I 872, and their neighbor Rose Cas (Rose). The
prosecution also presented the Social Case Study Report 14 prepared by Eden
San Andres (Eden), a registered social worker from the City Social Welfare
and Development Office o f . _ 15

AAA251872 testified that Rose introduced her to Vanessa. I ~

2013, she accompanied Rose to in-·
They met with Vanessa outside the hotel and then went to a room to meet an
unnamed "guest" for Rose. AAA251872 narrated that Vanessa asked the
"guest" for her commission. Then, Vanessa and AAA251872 left Rose with
the "guest" and went to . There, Vanessa told AAA251872
that she had been in that "business" for a long time. Vanessa asked for
AAA251872's cellphone number, which AAA251872 gave. After that,
AAA25 l 872 and Rose's sister, Maryjane, fetched Rose from the hotel. Before
going home, Rose treated AAA25 l 872 and Maryjane at a fast-food joint. Rose
corroborated AAA25 l 872' s narration of these events on rebuttal. 16

12
Records (Criminal Case No. RTC 2014-0681), p. 40.
13
Rollo, p. 5; and CA rollo, pp. 54-55.
14
Records (Criminal Case No. RTC 2014-0680), pp. 46--49.
15
Rollo, pp. 5-8; and CA rollo, pp. 55-63.
16
Rollo, pp. 5--o; and CA rollo, p. 55.
Decision 4 G.R. No. 251872

AAA251872 stated that a week later, Vanessa sent her a text message,
saying she would introduce AAA25 l 872 to someone at who
would give AAA251872 some money. Following Vanessa's instructions,
AAA251872 went to Vanessa's house. They proceeded to where
Vanessa told AAA251872 to board a parked car. Vanessa introduced
AAA25 l 872 to the man in the car named "Arthur." After receiving PHP
500.00 from A r t h u r ~ t e d from the vehicle. Arthur then brought
AAA25 l 872 to the - - in Camarines Sur, where they
had sex. Arthur gave PHP 2,000.00 to AAA251872. 17
'
AAA251872 testified that Vanessa pimped her about 30 more times
after Arthur. Vanessa would text or call her to go to her house, then they would
proceed to one of the hotels i n - · Vanessa's live-in partner, Emerson,
would accompany them sometimes. Upon arriving at the hotel, Vanessa
always received PHP 500.00 as her "commission," and AAA251872 would
have sex with the "guest." AAA25 l 872 declared that she normally received
PHP 1,000.00 or PHP 1,500.00 for her services, and sometimes, PHP
2,000.00. When asked why she engaged in prostitution, AAA25 l 872 admitted
that she needed the money as it allowed her to afford personal luxuries, which
her mother could not afford after her father passed away. 18

Vanessa procured unnamed customers for AAA25 l 872' s sexual

services until November 2013. AAA251872 testified that she would often skip
classes because Vanessa sometimes would arrange multiple customers for her
on the same day. Vanessa also induc~d AAA25 l 872 to use shabu to help her
cope with the stress. When AAA25 I 872 became dependent on the drug, she
got caught in a vicious cycle of engaging in prostitution to support her drug
addiction. As a result, she became delinquent in school and more violent at
home, especially when her mother and sister tried to keep her from leaving
the house. When asked why she stopped accepting customers from Vanessa
sometime in November 2013, AAA251872 declared that she was "tired of
[Vanessa] as whenever [Vanessa] would text [her], [Vanessa] would give
[her] several guests." When asked why she decided to file a complaint against
Vanessa, AAA25 l 872 replied that she was "mad at [Vanessa] because
[Vanessa] would like [her] to appear to be a liar when [Vanessa] was the one
who ruined [her] life." 19

AAA251872's mother, BBB251872, corroborated AAA251872's

testimony on material points, describing how AAA25 l 872, the youngest of
her four children, was the favorite of her late husband, who died in November
2011. Since her father doted on her, AAA25 l 872 was the most affected
among her children by her father's passing. BBB25 l 872 admitted that she was
the disciplinarian of the two parents and that her relationship with

17 Rollo. p. 6; and CA rollo. p. 55.

" Rollo, pp. 6-7; and CA rollo, pp. 55-56.
19 Rollo, p. 7; and CA ro/lo, pp. 56-57.

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Decision 5 G.R. No. 251872

AAA251872 after her husband's passing was strained. There had been many
confrontations between them due to disciplinary matters involving
AAA25 l 872 in school, her coming home late, and her refusal to exolain her
actions. BBB25 l 872 was also concerned about how AAA25 l 872 was
inexplicably able to afford luxuries around 2012 to 2013. BBB251872 then
related that it was not until June 2014 that she discovered the truth of
AAA25 l 872' s experience. AAA251872 opened up to her after they found out
that AAA251872 was pregnant. Following the advice of a cousin who was a
police officer, BBB25 l 872 and AAA25 l 872 approached the Philippine
National Police Women's Desk to file a complaint. AAA251872's sister,
CCC25 l 872, corroborated her mother's testimony, particularly detailing how
AAA25 l 872 changed her behavipr during those times and became violent in
their home each time she was forbidden to leave the house. 20

The prosecution also presented the Social Case Study Report prepared
by Eden. In the report, the social worker confirmed that at the time
AAA25 l 872 engaged in prostitution, AAA25 l 872 was vulnerable as she
struggled to cope with the consequences of her father's passing; and that
because of her strained relationship with her mother, AAA25 l 872 became
rebellious and was not open to the latter.2 1

On the other hand, Vanessa's defense consisted mostly of denial,

corroborated almost identically by the testimony of her mother, Rowena.
Vanessa recalled meeting AAA251872 a week before June 28, 2013, and not
~ 3 . She explained that she was supposed to meet Rose at
- - t o return Rose's USB drive. As AAA251872 accompanied
Rose, she invited them to her daughter's baptism in June 2013. She alleged
that she was introduced to AAA25 l 872 as "Sweet" and only came to know
AAA251872's full name when AAA251872 volunteered to be a "ninang" at
her daughter's baptism. 22

Vanessa claimed she was a homebody who busied herself with

household chores and caring for her child. She denied pimping Rose or
AAA251872. Vanessa also denied introducing prohibited drugs to
AAA25 l 872. She alleged that on the day of her daughter's baptism, it was
AAA251872 who showed them the cigarette box containing a piece of foil
and a plastic sachet of shabu. Vanessa and Rowena narrated how AAA25 l 872
would , at times ' visit them and stay at their house without invitation, even
during schooldays, because AAA25 l 872 was physically and emotionally
abused at home. 23 Rowena added that AAA251872 was just envious of the
hannonious relationship of their family and that she has never encountered
any drug problems with Va.TJessa and her other siblings. 24 Vanessa and
Rowena imputed ill motive on BBB25 l 872, and insisted that BBB25 l 872 was

'° Rollo, pp. 7-8; and CA rollo, pp. 60--03.

21
Rollo, p. 8.
22
Id. at 8-9; and CA rollo, p. 63.
23
Rollo, p. 9; and CA rollo, p. 64.
24
CA rollo, p. 73.

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Decision 6 G.R. No. 251872

known to accuse someone of a sexual crime against AAA25 l 872 to extort

money. BBB251872 would try to do'the same to them. 25

. On cross-examination, Rowena admitted that her son was incarcerated

for 12 hours for being involved in a fight because he was drunk. There was
also a complaint against him by a barangay kagawad, a complaint by Rowena
herself for stealing and selling things from their house, and a record in the
police blotter for drug use. 26

On rebuttal, AAA25 l 872, BBB25 l 872, and Rose testified that

AAA251872 did not volunteer to be the godmother of Vanessa's daughter
because she had no work and only accepted it upon Vanessa's insistence.
Further, AAA25 l 872 had no way of procuring prohibited drugs other than
from Vanessa, who also taught her how to use it. AAA25 l 872 reiterated how
Vanessa would arrange for AAA25 I 872 to meet her "guests" and Vanessa
would accompany her to the hotels to get her commission. It was also not true
that Vanessa only met Rose to return Rose's USB drive because Rose did not
own a USB drive. Rose also clarified' that she had seen Vanessa and
AAA251872 together several times, contrary to Vanessa's claim, and that
AAA251872 and BBB251872 did not file any rape or sexual assault case
against a n ~ h e past as supported by certifications from the Fiscal's
Office o f - and Camarines Sur. 27

ent28 dated February 20, 2017, the Regional Trial Court ■

(RTC) found Vanessa guilty beyond reasonable doubt
of qualified trafficking in persons in Criminal Case No. RTC 2014-0680 and
child prostitution in Criminal Case No. RTC 2014-0681, 29 thus:

WHEREFORE, in Criminal Case [No.] RTC 2014-0680[,] the Court

finds accused, Vanessa Banaag y Baylon, GUILTY of the offense of
QUALIFIED TRAFFICKING IN PERSONS defined under Sec. 3(a) & (b)
penalized under Sec. I O(e) and prohibited under Sec. 4(e) in relation to 6(a)
of RA [No.] 9208 known as the "Anti-Trafficking in Persons Act of2003"
AS AMENDED BY RA [No.] 103'64 and is hereby ordered to suffer the
penalty of LIFE IMPRlSONMENT and to pay a fine of TWO MILLION
([PHP] 2,000,000.00) PESOS.

Accused Vanessa Banaag y Baylon, is ordered to pay moral

damages in the amount of TWO HUNDRED THOUSAND ([PHP]
200,000.00) PESOS.

In Criminal Case No. RTC 2014-068 I, for Violation of Section 5(a)

of[RA No.] 7610, accused, Vanessa Banaagy Baylon, is found GUILTY
of the offense charged and is hereby ordered to suffer the penalty of TEN
(10) YEARS, TWO (2) MONTHS and TWENTY-ONE (21) DAYS of

25 Id. at 71-72; and rollo, p. 9.

26
CA rol!o, p. 73.
27 Id. at 74-78.
28
Id. at 53-84. Penned by Judge Rosita L. Lalwani.
29 Id. at 83-84.

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Decision 7 G.R. No. 251872

PRISJON MAYOR MINIMUM PERJOD as MINIMUM to SEVENTEEN

(17) YEARS, FOUR (4) MONTHS and ONE (1) DAY of RECLUSION
TEMPORAL MAXIMUM PERIOD AS MAXIMUM.

Accused, Vanessa Bai;iaag y Baylon, is ordered to pay moral

damages in the amount of ONE HUNDRED THOUSAND ([PHP]
100,000.00) PESOS.

SO ORDERED. 30

The RTC concluded that Vanessa and Rowena's testimonies were full
of inconsistencies and rife with claims contrary to human experience. The
RTC noted that "all the facts alleged by AAA25 l 872 with the exception of
her allegation that she was being pimped by Vanessa were all admitted by the
defense to have happened[,] only that Vanessa had a different version of what
really transpired." 31 On the other hand, the RTC gave full faith and credit to
AAA251872 's and Rose's positive testimonies, considering that both had no
ill motive to testify false!y. 32

On appeal, the CA affirmed Vanessa's conviction in Criminal Case No.

RTC 2014-0680 (qualified trafficking) but clarified that Vanessa's liability
should be under Section 4(a) in relation to Section 6(a) of RA No. 9208 and
not Section 4(e). 33 The CA explained that Sections 4(a) and 4(e) are two
different punishable acts that individually and independently constitute the
crime of trafficking in persons under Section 4 of RA No. 9208, as amended.
The CA also affirmed Vanessa's conviction in Criminal Case No. RTC 2014-
0681 (child prostitution). 34 It disposed:

.. WHEREFORE, premises considered, the ~~e

Dec1s10n dated February 20, 2017 of the RTC - - 1s
AFFIRMED with MODIFICATIONS as to the awards of damages:

l. In Crim. Case No. RTC 2014-0680, VANESSA BANAAG Y

BAYLON is found GUILTY beyond reasonable donbt of
QUALIFIED TRAFFICKING IN PERSONS defined and penalized
under Sec. 6(a), in relation to Secs. 3(a), 4(a), and 10(a) of [RAJ No.
9208, as amended by [RA] No. 10364.

Accordingly, she is Sfntenced to suffer the penalty of LIFE

IMPRISONMENT and to pay a FINE in the amount of TWO
MILLION ([FHP] 2,000,000.00) PESOS.

In addition, she is ordered to pay the victim, [AAA25l872], FIVE

HUNDRED THOUSAND ([PHP] 500,000.00) PESOS as moral

30
Id.
31 Id. at 81-82.
32
/d.at83.
·'"' Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to
commit any of the following acts:

(e) To maintain or hire a person to engage in prostitution or pornography[.]

34
Ro/lo, pp. 11-25.

I
Decision 8 G.R. No. 251872

damages, with legal interest of six percent (6%) per annwn from
finality of judgment until fully paid.

2. In Crim. Case No. RTC 2014-0681, VANESSA BANAAG Y

BAYLON is found GUILTY beyond reasonable doubt of Violation
of Sec. 5 (a) (l) ofR.~. No. 7610.

Accordingly, she is rentenced to suffer the penalty of TEN (10)

YEARS, TWO (2) MONTHS and TWENTY-ONE (21) DAYS of
PRIS/ON MAYOR IN ITS MAXIMUM PERJOD as MINIMUM to
SEVENTEEN (17) YEAR$, FOUR (4) MONTHS and ONE (1)
DAY of RECLUSION TEMPORAL IN ITS MAXIMUM PERIOD
AS MAXIMUM. I
1

She is also ordered to pay a FINE in the amount of FIFTEEN

THOUSAND ([PHP] i 15,000.00) PESOS.

In addition, she is ordered to pay the v1ct1m [AAA251872],

1

TWENTY THOUSAND ([PHP] 20,000.00) PESOS as civil

indemnity, FIFTEEN THOUSAND ([PHP] 15,000.00) PESOS as
moral damages, and I FIFTEEN THOUSAND ([PHP] 15,000.00)
PESOS as exemplary',damages, all with legal interest of six percent
(6%) per annum from! finality of judgment until fully paid.
I

SO ORDERED. 35

Hence, this recourse. 36 1Vanessa questions 37 the credibility of the

1

prosecution witnesses and argues that the elements of the offenses charged
were not proven. 38 The People; through the Office of the Solicitor General,
manifested39 that they were adopting their Brief for the Appellee 40 in CA-
G.R. CR-HC No. 09192, cons~dering that they already made an exhaustive
and extensive discussion ofthe1issues raised by Vanessa.41

RULING

The appeal is partly meri~orious.

I
In Criminal Case No. RTC 20,14-0680,
Vanessa is guilty only of trafficking in
persons for the failure ' of the
prosecution to prove AAA+/51872's
. .
mmonty '
'1

35
Id. at 27-28. ,
'° See Notice of Appeal dated August 30, ~0 19; id. at 30---32.
37 See Manifestation dated January 22, 202 l; id. at 41-43.
38 Id. at 41. See also CA rollo, pp. 45-50. 1
39 See Manifestation and Motion dated February 4. 202 I; rol/o, pp. 46-48.
'° CAro//o,pp. 94-115. I
41
ld. at 99-144. See also ro/!o, pp. 46-4-?l
Decision 9 G.R. No. 251872

Section 3(a) of RA No. 9208 defines the term "trafficking in persons"

as:

(a) Trafficking in Persons- refers to the recruitment, transportation, transfer

or harboring, or receipt of persons with or without the victim's consent or
knowledge, within or across national borders by means of threat or use of
force, or other forms of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the vulnerability of the persons,
or, the giving or receiving of payments or benefits to achieve the consent of
a person having control over another person for the purpose of exploitation
which includes at a minimum, the exploitation or the prostitution of others
or other forms of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs .

•
The crime becomes qualified when, among others, the trafficked person
is a child. 42 Section 3(b) of RA No. 9208, as amended, defines "child" as "a
person below eighteen ( 18) years of age or one who is over eighteen ( 18) but
is unable to fully take care of or protect himself/herself from abuse, neglect,
cruelty, exploitation, or discrimination because of a physical or mental
disability or condition."

Here, the prosecution alleges that AAA251872 was 17 years old at the
time of the incident. Notably, in affirming Vanessa's conviction, the CA ruled
that although AAA251872's birth certificate is not on record to prove her age,
the Social Case Study Report indicating AAA251872's date of birth could be
considered as a similar authentic document that can prove her minority at the
time of the incident. 43

We disagree.

In People v. Pruna, 44 the Court provided the guidelines for appreciating

age either as an element of the crime or as a qualifying circumstance, viz.:

In order to remove any confusion that may be engendered by the

foregoing cases, we hereby set the following guidelines in appreciating age,
either as an element of the crime or as a qualifying circumstance.

1. The best evidence to prove the age of the offended party is an

original or certified true copy of the certificate of live birth of such party.

2. In the absence of a certificate of live birth, similar authentic

documents such as baptismal certificate and school records which show the
date of birth of the victim would suffice to prove age.

3. If the certificate of live birth or authentic document is shown to

have been lost or destroyed or otherwise unavailable, the testimony, if clear

42
See Section 6(a) of RA No. 9208.
43
Ro/lo, pp. 19-21.

r
44
439 Phil. 440 (2002) [Per C.J. Davide, Jr., En Banc].
Decision !O G.R. No. 251872

and credible, of the victim's mother' or a member of the family either by

affinity or consanguinity who is qualified to testify on matters respecting
pedigree such as the exact age or date of birth of the offended party pursuant
to Section 40, Rule 130 of the Rules on Evidence shall be sufficient under
the following circumstances:

a. If the victim is alleged to be below 3 years of age and what is

sought to be proved is that she is less than 7 years old;

b. If the victim is alleged to be below 7 years of age and what is

sought to be proved is that she is less than 12 years old;

c. If the victim is alleged to be below 12 years of age and what is

sought to be proved is that she is less than 18 years old.

4. In the absence of a certificate of live birth, authentic

document, or the testimony of the victim's mother or relatives
concerning the victim's age, the complainant's testimony will suffice
provided that it is expressly and clearly admitted by the accused.
'
5. It is the prosecution that has the burden of proving the age of the
offended party. The failure of the accused to object to the testimonial
evidence regarding age shall not be taken against him.

6. The trial court should always make a categorical finding as to the

age of the victim. 45 (Emphasis supplied)

For sure, the Social Case Study Report stating that AAA251872's date
of birth is , is not a "similar authentic document" equivalent
to a baptismal certificate or school record. The Court notes that a birth
certificate must be submitted or presented as proof of the child's identity and
age in securing a baptismal certificate or school record. As such, these
documents can also be considered accurate and reliable proof of age. In
contrast, a birth certificate is unnecessary in a Social Case Study Report
because it is mostly based on interviews and discussions of the social case
worker with the minor, their family, relatives, neighbors, friends, teachers,
among others. Therefore, the CA's reliance on the Social Case Study Report
is incorrect.

The prosecution relied on the stipulations in the Pre-Trial Order where

Vanessa is said to have admitted the minority of AAA251872 at the time of
the offense. However, neither Vanessa nor her counsel of record signed the
Pre-Trial Order. 46 Following Rule 118, Section 247 of the Rules of Court, the
stipulations in the Pre-Trial Order, particularly on AAA251872's minority,
cannot be used against Vanessa. Moreover, this Court has previously declared

45
Id. at 470-471.
" Rollo, pp. 5 and 18.
47
Section 2. Pre-trial arrangement. - All agreements or admissions made or entered during the pre-trial
conference shal1 be reduced in writing and signed by the accused and counsel, otherwise, they cannot be
used against the accused . ...

'
Decision 11 G.R. No. 251872

that a mere stipulation of the parties with respect to the victim's age cannot be
considered sufficient proof of minority in criminal cases. 48

Furthermore, we observed that the photocopy of AAA251872's birth

certificate 49 attached to her Affidavit-Complaint50 and brought to court for
presentation during AAA25 l 872' s testimony was not marked nor formally
offered into evidence. Neither was a certified true copy of the birth certificate
issued by the civil registrar presented. 51 It is a cardinal rule of evidence that
"[t]he court shall consider no evidence which has not been formally
offered." 52 Even if the Court considered the birth certificate as identified by
testimony duly recorded, it was not incorporated into the case records.
Assistant City Prosecutor Antonette Majella S. Nacor (Pros. Nacor) expressly
waived the incorporation into evidence of the birth certificate brought by
AAA251872 to court, viz.:

Pros. Nacor [to AAA251872]

Q: How old were you during that period, February 2013 to November2013?
A: Seventeen (17) years old, Ma'am.

Q: What is your proof that you were 17 years old during that time?
A: My birth certificate, Ma'am.

Q: Do you have it with you?

A: Yes, Ma'am.

Pros. Nacor:
Anyway, Yonr Honor, the minority of the complainant was already
stipulated during pre-trial.
Court: Okay. 53 (Emphasis supplied)

The prosecution cannot rely on AAA251872's testimony that she was

17 years old from February to November 2013 to prove minority. It is well
established that in criminal cases, proof of the victim's age cannot consist
merely oftestimony.54

All told, the prosecution failed to prove AAA25 l 872' s minority at the
time of the incident, which would qualify the crime of trafficking in persons.
55
As such, Vanessa could not be held liable for qualified trafficking.
•

48 People v. Mejia, 612 Phil. 668, 688 (2009) [Per J. Chico-Nazario, Third Division]; and People v. lopit,
594 Phil. 806, 820-821 (2008) [Per J. Leonardo-De Castro, En Banc].
49 Records (Criminal Case No. RTC 2014-0680), p. 7.
50 Id. at 2-3.
51 See RULES OF COURT, Rule 132, sec. 24.
52 See RULES OF COURT, Rule J32, sec. 34.
53 TSN, AAA25 I 872. June 23, 2015, p. 8.
54 People v. Mejia, 612 Phil. 668, 689 (2009) [Per J. Chico-Nazario, Third Division]. See also People v.
fbarrientos, 476 Phil. 493,515 (2004) [Per J. Quisumbing, En Banc]; and Peoplev. Sitao, 436 Phil. 539,
546 (2002) [Per J. Puno, En Banc].
55 People v. XXK, G.R. No. 260639, March 29, 2023 [Per J. Hernando, First Division].

I
Decision 12 G.R. No. 251872

Nevertheless, Vanessa is liable for trafficking in persons under Section

3(a) of RA No. 9208, as amended. The following are the elements of the
cnme:

(1) the act of"recruitment, transportation, transfer or harboring, or receipt

of persons with or without the victim's consent or knowledge, within or
across national borders"; (2) the means used which include "threat or use
of force, or other forms of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the vulnerabiiity of the person, or,
the giving or receiving of payments or benefits to achieve the consent of a
person having control over another"; and (3) the purpose of trafficking is
exploitation which includes "exploitation or the prostitution of others or
other forms of sexual exploitation, forced labor or services, slave1y,
servitude or the removal or sale of organs." 56 (Emphasis supplied)

The prosecution satisfactorily established the presence of all these

elements. Both the RTC and the CA found that AAA251872 was recruited
and offered for sexual exploitation in exchange for money to several
"customers." Vanessa would offer and arrange for AAA251872 to meet with
these "customers." She facilitated the exploitation by transporting and
providing AAA251872 to the procurer of the sexual services. 57 Thus:

Q: And can you tell us why you know Vanessa Banaag?

A: She was introduced to me by our neighbor by the name of Rose Cas,
ma'an1. '
Q: And when were you introduced with Rose Casto Vanessa?
A: February 2013, ma'am.

Q: And where was Vanessa introduced to you by Rose Cas?

A: Outside near the PS Bank, ma'am.

Q: Why were you with Rose Cas during that time?

A: Rose Cas' sister was with me to buy something at the centro and Rose
Cas also was with us because she said that she will introduce me to someone,
ma'am.

Q: So what happened after you were introduced to Vanessa?

A: They brought me to a room at - where a guest was waiting,
ma'am.

Q: Whose guest was that? ,

A: A guest for Rose Cas, ma'am.

COURT:
Just a minute.

Q: When do you say "guest", what do you mean by that word?

56 People v. San Miguel, 887 Phil. 777, 788-789 (2020) [Per J. lnting, Second Divisi_on]; and People v.
XJCX, G.R. No. 244048, February i4, 2022 [Per J. Hernando, Second D1v1s10n]; c1tat10ns omitted.
57 Rollo, pp. 13-23; and CA rol/o, pp. 81--84.
Decision 13 G.R. No. 251872

A: A customer, ma'am.

PROS. NACOR

Q: So what happened after Rose was there in a room a t - ?

A: Vanessa asked for her commission and then we left the place, ma'am.

Q: So what was yonr reaction at that time when yon saw that Rose Cas has
a guest?
A: I was surprised because all I know was we will just buy something in
downtown and Rosa Cas will just introduce me to someone, ma'am.

Q: So what happened after Rose was left a t - ?

A: Vanessa asked me to go with them at - · We walked in [sic] going
there, ma'am.

Q: And what happened while the 2 of you were walking towards-?

A: She asked for my cellphone number, ma'am.

Q: And did you give your number to her?

A: Yes, ma'am.

Q: And aside from that what else happened where the 2 of you were going
towards-?
A: She has been telling me that she has been in that work for so long a time
when she had been entering nice hotels in Manila, ma'am.

Q: And so what happened after you arrived a t - ?

A: There was someone waiting for Vanessa Banaag waiting for a customer,
1na'am.

Q: How did you learn that the woman there at ll!IBI was waiting a
customer from Vanessa?
A: I overheard what they were talking about, ma'am.

' guest that they were refen-in~

Q: And did you happen to see the
A: No, ma'am, because I texted Mayjean as I was already at - and
we fetched Rose Cas.

Q: And what happened after the 2 of you fetched Rose Cas?

A: Rose Cas gave us a treat at MacDonald. After that we went home, ma' am.

Q: So what happened after your initial encounter with Vanessa?

A: After one week, ma'am, she texted me.

Q: And what was her text message about?

A: She said that she will introduce me to someone at - and will
give me money, ma'am.

Q: And around what period was that?

A: In February 2013, ma'am.

Q: So what happened after the lext message?

Decision ,14 G.R. No. 251872

A: She instructed me to go to her house and texted me her address, ma'am.

Q: And what happened after you arrived at her house?

A: When I came to her house, we proceeded immediately to the -
.a:,ma'am.

Q: And what happened after the 2 of you arrived at ?

A: She instructed me to board a car and she introduced me to a person
named Arthur. I was made to sit in front, ma'am.

Q: How about Vanessa where was she during that time?

A: She was seated at the back of the car, ma'am.

Q: And what happened after the intfoduction?

A: l saw that the customer gave to Vanessa, [PHP] 500.00, ma'am.

Q: And after she received the [PHP] 500.00, what happened next?
A: Vanessa alighted from the car, ma'am.

Q: And how about you and Arthur, where did you go?
A: Arthur brought me to the at
ma'am.

Q: And then can y ~ e n e d when you were already there at

in~?
A: Arthur had sex with me, ma'am.

Q: After he had sex with you, what happened next?

A: Arthur gave me [PHPJ 2,000.00, ma'am.

Q: We will just ma11ifest, Your Honor, that witness is crying, Your Honor.

COURT: •
Have it recorded.

Q: Now, after that first transaction, did you happen to see Vanessa again?
A: Yes, because she pimped me several times, ma'am.

Q: And when you say several times, can you give us at least an estimate of
how many times you were pimped by Vanessa?
A: More or less 30, ma'am.

COURT: 30.
A: Yes, ma'am.
PROS. NACOR:

Q: In those more or less 30 instances that Vanessa pimped you, how Vanessa
commnnicate with you?
A: She texted me or called me up and told me to go to her house in
Mayon and that she will give me a guest, ma'am.
'

I
Decision 15 G.R. No. 251872

Q: And what would you do upon receiving those text messages and calls
from her?
A: I went to their house and we proceeded to the hotel, ma'am.

Q: And would Vanessa always accompany you in going to the hotel?

A: Yes, ma'am.

•
Q: And what would happen after you would reach the hotel?
A: We proceeded to the room where the guest was there, ma'am.

Q: And what will happen after the 2 of you arrived at the hotel room?
A: She introduced me to the guest and asked for her commission and
then left the room, ma'am.

Q: And do you have any occasion to see how much she received as her
commission from the guest?
A: [PHP] 500.00 ma'am.

Q: Now, tell us every time that you are being given a guest by Vanessa,
what would you and the customer do?
A: A customer had sex with me, ma'am.

Q: In exchange for sex, what would you receive?

A: I received money, ma'am.

Q: And can you tell us how mu,ch were you being paid by a guest?
A: Sometimes [PHP] 1,000.00 or [PHP] 1,500.00 and there was one
occasion that I was given [PHP] 2,000.00, ma'am.

Q: Now, you made mentioned [sic] earlier that you were pimped at around
30 times by Vanessa, do you still recall what hotels or establishments that
you were brought by Vanessa?
A:

Hospital, ma'am.

Q: And where were those hotels which you mentioned mostly located?
A: I n _ , ma'am.

Q: Also can you tell us how often would you be given customer by Vanessa
from February to November 2013?
A: From February to March, she gave me 2 customers a week. In April, I
told her that l will not accept customer because I will enrol in summer. In
May, she gave me customers lmce a week. In the month of June, almost
everyday except Saturdays and Sundays and in the month of July to
November, I could no longer remember, ma'am.

Q: So how were you able to manage to have an almost everyday customer

which sometimes you have 2 and utmost 3 customers, how did you manage
that?
A: We used drugs, ma'am.
Decision 16 G.R. No. 251872

Q: What kind of drugs?

A: Shabu, ma'am.

Q: And who taught you how to use Shabu?

A: Vanessa, ma'am, she gave me an instruction how to use it.

Q: When was that when she started giving you drugs?

A: In June 2013, ma'am.

Q: Can you tell us why you have to use drugs?

A: To make myself alive and in order to do whatever my customers ask
me to do and also for me not to be sleepy, ma'am. 58 (Emphasis supplied)

AAA251872's clear and straightforward testimony was substantially

corroborated by Rose Cas:

Q: Were there times when the three (3) of you were together, you, Vanessa
and [AAA251872]?
A: Only once, Ma'am.

Q: When was that?

A: I still remember there was an incident but it happened a long time ago,
Ma'am.

Q: How did it come about that the three (3) of you were together?
A: Because I was already going out of the house I saw [AAA25 l 872] outside
their house also so I tagged along [AAA25 l 872] when I was about to meet
Vanessa then, Ma'am.

Q: What happened when the three (3) of you were already together?
A: There was a guest at - and I was the one who Vanessa would
give to the guest and then at that time I also introduced [AAA251872]
to Vanessa, Ma'am.

COURT:
Q: So when the three (3) of you were there at - and as according to
you, you were being given as a gul'st, who was giving you as guest?
A: It was Vanessa, Ma'am.

PROS. NACOR:
Q: And what did Vanessa do there when she was with you at that hotel?

A: She brought me to - so that she can give me to the guest and

then she asked [PHP] 500.00 from the guest as commission and she
was with [AAA-251872] and they left after, Ma'am.

r
58 TSN,AAA251872,June 16.2015,pp.5~13.
Decision 17 G.R. No. 251872

PROS. NACOR:
Q: And how much did you get out of that transaction?

A: I received [PHP] 2K, the [PHP] 500.00 was Vanessa's so I received

[PHPJ 1,500.00, Ma'am. 59 (Emphasis supplied)

AAA25 l 872 positively and consistently identified Vanessa as the one

who facilitated and arranged customers for her for a fee by offering and taking
her to meet these customers for prostitution. Therefore, the clear and
straightforward testimony of AAA251872, as corroborated by Rose, must
prevail over Vanessa's denial, particularly since all prosecution witnesses
have no ill motive to testify falsely against Vanessa. The CA observed that all
the facts alleged by AAA251872, except for her allegation that Vanessa was
pimping her, were admitted by the defense. Vanessa and Rowena merely
changed some details, which, the prosecution caught and rebutted
successfully. 60

We reiterate that the CA and the RTC's assessments of the credibility

of the prosecution witnesses and the integrity of their testimonies are given
the highest degree of respect, 61 especially when, as in this case, no fact or
circumstance of weight or substance was overlooked, misunderstood, or
misapplied, which could affect the result of the case. 62 Indeed, the trial court
had the best opportunity to determine the credibility of the prosecution
witnesses, having evaluated their emotional state, reactions, and overall
demeanor in open court.

Accordingly, Vanessa is guilty of trafficking in persons under Section

3(a) of RA No. 9208.

In Criminal Case No. RTC 2014-0681,

• of
Vanessa is acquitted for the failure
the prosecution to prove AAA251872's
minority

Child prostitution under Section 5(a) of RA No. 7610 is defined and

committed as follows:

59 TSN, Rose Cas, June 16, 2016, pp. 7-9.

60
Rollo, pp. 13-18 and 22-25,
61 People v. Matignas, 428 Phil. 834, 868-869 (2002) [Per J. Panganiba.7, En Banc], citing People v.
Basquez, 418 Phil. 426,439 (2001) [Per J. Panganiban, Third Division]; People v. Jaberto, 366 Phil.
556,558 (l 999) [Per J. Panganiban, Third Division]; and People v. Deleverio, 352 Phil. 382,401 (1998)
[Per J. Vitug, En Banc].
62
People v. Orosco, 757 Phil. 299, 31 O (2015) [Per J. Villarama, Jr.. Third Division], citing People v. De
Leon, 608 Phil. 70L 721 (2009) [Per J. Peralta, Third Division].

r
Decision 18 G.R. No. 251872 .,

Section 5. Child Prostitution and Other Sexual Abuse. - Children,

whether male or female, who for money, profit, or any other consideration
or due to the coercion or influence of any adult, syndicate or group, indulge
in sexual intercourse or lascivious conduct, are deemed to be children
exploited in prostitution and other sexual abuse.

The penalty of reclusion temporal in its medium period to reclusion

perpetua shall be imposed upon the following:

(a) Those who engage in or promote, facilitate or induce child

prostitution which include, but are not limited to, the
following:

( l) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by

means of written or oral advertisements or other similar
means;

(3) Taking advantage of influence or relationship to

procure a child as prostitute;

(4) Threatening or using violence towards a child to

engage him as a prostitute; or

(5) Giving monetary consideration, goods or other

pecuniary benefit to a child with intent to engage such
child in prostitution.

The elements of child prostitution under Section 5(a) are: (1) the
accused engages in, promotes, facilitates, or induces child prostitution; (2) the
act is done through, but not limited to, the means enumerated under paragraph
(a); (3) the child is exploited or intended to be exploited in prostitution, and
(4) the child, whether male or female', is below 18 years of age.63

Thus, for a charge under RA No. 7610 to prosper, the victim must be a
child "exploited in prostitution or other sexual abuse." Since minority is an
essential element of this crime, the prosecution must prove that AAA25 l 872
is a minor at the time of the incident. Absent this essential element, the Court
cannot sustain Vanessa's criminal liability for violating Section 5(a) RA No.
7610.

Damages and penalty

In Criminal Case No. RTC 2014-0680 (trafficking in persons), Section

64
10 of RA No. 9208 provides that any person found guilty of committing any

63 Ma/to v. People, 560 Phil. 119, 133--134 (2.007) [Per J. Corona, First Division].
64 Section i O. Penalties and Sanctions. - The foilowing penalties and sanctions are hereby established for
the offenses enumerated in this Act: ti
(a) Any person -found guilty of uimmitting any of the acts enumerated in Section 4 shall suffer the
penalty of imprisonment oftwenr;, (20) years and a fine of not Jess than One million pesos ([PHP]
!,000,000.00) but not more tlian Two million pesos ([PHP] 2,000,000.00)[.]

I
Decision 19 G.R. No. 251872

of the acts enumerated in Section 4 shall suffer the penalty of imprisonment

of 20 years and a fine of not less than PHP 1,000,000.00 but not more than
PHP 2,000,000.00.

As to damages, People v. 'Lalli65 explained the ratio for the awards of

moral and exemplary damages of PHP 500,000.00 and PHP 100,000.00,
respectively, in cases of trafficking in persons as a prostitute:

The criminal case of Trafficking in Persons as a Prostitute is an

analogous case to the crimes of seduction, abduction, rape, or other
lascivious acts. In fact, it is worse. To be trafficked as a prostitute without
one's consent and to be sexually violated four to five times a day by different
strangers is horrendous and atrocious. There is no doubt that Lolita
experienced physical sufforing, mental anguish, fright, serious anxiety,
besmirched reputation, wounded feelings, moral shock, and social
humiliation when she was trafficked as a prostitute in Malaysia. Since the
crime of Trafficking in Persons was aggravated, being committed by a
syndicate, the award of exemplary damages is likewise justified. 66

The monetary awards shall earn legal interest at the rate of 6% per
annum from the finality of this Decision until full payment. 67

•
ACCORDINGLY, the appeal is PARTLY DENIED. The Decision
dated August 9, 2019 of the Court of Appeals in CA-G.R. CR-HC No. 09192
is MODIFIED as follows:

( 1) In Criminal Case No. RTC 2014-0680, Vanessa Banaagy Baylon

is GUILTY beyond reasonable doubt of trafficking in persons
under Section 3(a) of Republic Act No. 9208, as amended. She
is sentenced to suffer the penalty of imprisonment of 20 years
and a fine of PHP 2,000,000.00, and is ORDERED to pay
AAA251872 moral damages of PHP 500,000.00 and exemplary
damages of PHP 100,000.00. All damages shall earn legal
interest at the rate of 6% per annum from the date of finality of
this Decision until full payment; and

(2) In Criminal Case No. RTC 2014-0681, Vanessa Banaagy Baylon

is ACQUITTED. •

Let a copy of this Decision be furnished to the Superintendent of the

Correctional Institution for Women, Mandaluyong City for its record in
Criminal Case No. RTC 2014-0681.

65
675 Phil. 126 (201 J) [Per J. Carpio, Second Division].
66
Id. at 159.
67
Nacarv. Gallery Frames. 716 Phil. 267, 282-283 (2013) [Per C.J. Peralta, En Banc].
Decision 20 G.R. No. 25i872

SO ORD£,RED.

WE CONCUR:

Senior Associate Justice

AMY C/LAZARO-JA VIER .HIOS~OPEZ

Associate Justice i1.ssociate Justice

ATTESTATION

l attest that foe conclusions in the above Decision had been reached in
consultation betore the case was assigned to the wri,er of the opinion of the
Court's Division.

S=n
V\.., .IL~ > sso· c1· '"t''
io•·.:. ~.-1'-' --"~ ,._,..,Tu,·•ic~
o.Jl-~ V

Chairperson, Second Division

CERT .I F•l" CAT l ON

Pursuant tQ i\rticle VIJl Section 13 of the, Constitution, and the.

5

Division C:hairperson's iittestation., [ certify t.h0.t the conclusions in the above

[)ecision ha.cl been reached in consultation before the case v;.,ras assi g--rtt:d to the
vvriter of the opinion of t}1e Court's Di vision.,