5 cases vs. parents of victims

CEBU, Philippines - Five cases will be filed against the couple who exploited their own children through cybersex.

Prosecutor Nelia Sistoso recommended the filing of the case which was approved by Acting Provincial Prosecutor Joseph Berciles after the couple a resident of Cordova, Cebu waived their rights to undergo preliminary investigation.

The cases will be filed before the Regional Trial Court in Lapu-Lapu City on Monday.

The cases are those filed by the National Bureau of Investigation (NBI) namely Republic Act (RA) 9208 or qualified human trafficking, RA 9775 or child pornography and RA 7610 or the law against child abuse.

Sistomo said that based on the evidences submitted by the NBI, she found out that the couple violated RA 9775 three times.

Sistomo recommended the filing of the case for violation of Section 4 (a), which tackles the act of hiring, employing, using, persuading, inducing or coercing a child to perform in the creation or production of any form of child pornography.

The couple is also facing charges for violating Section 4 (c) of the law, which tackles the publishing, offering, transmitting, selling, distributing, broadcasting, advertising, promoting, exporting or importing any form of child pornography.

Section 4 (g) of the law, meanwhile, deals with the parent, legal guardian or person having custody or control of a child and knowingly permit the child to engage, participate or assist in any form of child pornography.

Furthermore, Sistomo recommended the filing of charges for violating Secion 10 (a) of RA 7610, which deals with any person who commit any other acts of child abuse, cruelty or exploitation or to be responsible for other conditions prejudicial to the child’s development.

She likewise recommended the filing of a case for qualified trafficking without bail.

In a four-page inquest resolution, Sistomo said that probable cause exists after the parents waived their rights to submit counter-affidavit.

Amidst tears, the parents told reporters yesterday that they regret what they have done. They also asked for forgiveness and said they will find a decent job if they could only turn back time. They also asked the Department of Social Welfare and Development (DSWD) to allow them to see their six children, but social worker Emma Patalinghug said they cannot grant the request.

“We will not allow the children to visit their parents in jail as they are under recovery of what had happened,” Patalinghug said. Then again, she said, the court will have the last say.

Meanwhile, the provincial government is planning to send the children to school.

Vice Governor Agnes Magpale, co-chairperson of the Provincial Women’s Commission, said she is coordinating with DSWD in looking for nearby school where the children can be enrolled. She clarified, nevertheless, that the arrangement is temporary as they would have to look for relatives who can eventually care for the children while their parents are in jail.

Magpale said the victims have undergone a thorough medical and psychological examination. She said she is also making sure the mother will be given pre-natal care.

With DSWD’s limited facilities, Capitol is now contemplating on establishing its own center that would accommodate women and children. Governor Gwendolyn Garcia said she will meet with representatives of a funding agency on Monday.

Officials of Cordova will be meeting with Garcia and Magpale next week to further discuss the issue of child pornography. Garcia said that a few days before the raid, Cordova Mayor Adelino Sitoy actually mentioned the presence of child pornography activities in the town without knowing that an operation has already been scheduled.

For his part, Provincial Police Director Patrocinio Comendador said he sympathized with Sitoy on the latter’s sentiment that the local cops in Cordova are “useless,” but explained that cybersex is a type of crime that is very technical in nature and the policemen in the town are just not capable of conducting inspections.

Conducting surveillance against cyber sex reportedly needs technical skills and close monitoring to come up with a strong proof against the suspects.

 “Dili mabasol ang pulis since local stations are not capable of conducting inspections,” Comendador said. He admitted that the police still lack equipment that could trace possible cybersex hubs.

 “We really want to have Internet Protocol address and experts but that is not feasible at this point in time due to financial matters,” he said.

Police Insp. Jonas Tahanlangit, Cordova police investigator, said they are currently coordinating with the Children’s Legal Bureau to help them with their operations.

He said they are now monitoring a family living in Cordova that is also believed to be involved in the same illegal activity.

Police Senior Inspector Noli Sernio, Cordova police chief, said their only problem in solving the crime is in penetrating the house to seal evidence.

“Gitutukan na namo ang kaso pero ang problema wala mi ikaprobar nga ebidensiya, wala sad mi search warrant,” Sernio told The FREEMAN.

Comendador claimed that police are only depending on manual type of operations and monitoring.

In this case, the victims aged 15, 13, 11, 9, 7, and 4 were told to pose in front of the camera while foreign costumers were watching them over an exclusive website. (FREEMAN)