RTC clears 3 women of trafficking charge

CEBU, Philippines - Due to the insufficiency of evidence, the Regional Trial Court has acquitted three accused charged for a violation of anti-trafficking in persons act.

Judge Bienvenido Saniel, Jr., of Branch 20 cleared Jocelyn Hinayon, Mary Jane Seno and Judith Amancio, all of Jaguar KTV Bar of the crime charged.

“By and large, the information and evidence in this case are not sufficient basis for a conviction against the accused. The court cannot rest its mind on a moral certainty that the accused committed the crime of violation of Republic Act 9208 as alleged in the Information, in the manner therein set forth, and that they are guilty beyond reasonable doubt,” the decision reads.

Saniel then ordered the jail warden of the Cebu City Jail to release immediately the three accused from confinement unless there was valid cause for their continued detention.

Likewise, he ordered the cancellation and the release of the bail bond posted by Hinayon for her provisional liberty.

Accused were arrested on April 9, 2011 at about 9:15 p.m. through an entrapment operation as well as the implementation of the search warrants issued by RTC Judge Ramon Daomilas of Branch 11. The three were arrested for allegedly conspiring in hiring, maintaining and offer for purpose of sexual exploitation six victims aged 16 to 31.

Police Senior Inspector Maria Theresa Macatangay, team leader of the Regional Anti-Human Trafficking Task Force, said after their office was informed that Jaguar KTV Bar is involved in harboring and offering women and children for sexual exploitation they then conducted surveillance.

She said her men conducted four separate surveillance operation on different dates. She added this leads to the application of the search warrants and the arrest of the accused.

There were six charged before the Cebu City Prosecutor’s Office, but three remained at large and will be separately persecuted once arrested.

Macatangay’s statements were corroborated by other prosecution witnesses.

Amancio in her testimony said she was a cashier and encoder at the said KTV Bar. On the said date, she said she was inside her office at the cashier’s booth.

She said that the payment which was handed by PO3 Napoleon Talingting of RATTF is not for bar fine but payment for the food and drinks. She added that as an employee of the KTV Bar she did not hear of bar fine.

Amancio denied the allegation of human trafficking.

Seno for her part said that she worked as a guest relation officer of the KTV Bar to entertain customers. She said on the said date, she was called by a certain Enrico, a waiter that a customer requested for her.

Seno said that they entertained PO3 Talingting. She denied the accusations filed against her.

Hinayon said that she was not a guest relation officer. She added that she was a cashier and denied the allegations filed against them.

With the foregoing, Saniel ruled in favor of the accused. He said the prosecution failed to present the vital witnesses-the real victim to establish the elements of the offense charged.

“Again, the identities of these three women  were not established and they were not presented as witnesses, indubitably, without them it cannot be determined how Seno threatened or used force against them, or employed other forms of coercion, abduction, fraud, deception, abuse of power or position, took advantage of their vulnerability,” the decision reads.

Saniel after the promulgation told the accused not to return to their jobs.

“Ayaw na usba. Panginabuhi mo sa tinarung,” he told the accused, who were crying thanking God of their acquittal.

Lawyer Wendell Quiban, who assisted the accused, told the media that he was not the legal counsel of the latter but lawyer Noel Archival. He said before Archival was ambushed, the case was already submitted for decision. —/JMD (FREEMAN)