REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
BRANCH 365 – CEBU CITY
PEOPLE OF THE PHILIPPINES
Plaintiff,
-versus- Criminal Case Nos. 2019-0286
For: RA 9208 (Anti-Trafficking in Persons Act of 2003)
SPOUSES JUAN and JUANA MILAGROS,
MARIA HALIMUYAK and ANGELINA JOLIE
Respondents.
x------------------------------------------x
MEMORANDUM FOR THE PLAINTIFF
Plaintiff, by counsel, respectfully states that:
STATEMENT OF THE CASE
Plaintiff PO3 Jose Chiquito filed the present action for violation of RA 9208 or the Anti-
Trafficking in Persons Act of 2003 against Respondents Spouses Juan and Juana Milagros and
Maria Halimuyak and Angelina Jolie. The respondents are conniving and confederating together
and mutually helping with one another, with deliberate intent, with intent to gain, did then and
there knowingly allow its establishment King Arthurs Lodge located along Ramos Street, Cebu
City, to be used for the purpose of promoting trafficking in persons.
STATEMENT OF THE FACTS
In order that this Honorable Court maybe enlightened and guided in the judicious disposition of
the above-entitled case, cited hereunder the material, relevant and pertinent facts of the case to
wit:
1. SPOUSES JUAN and JUANA MILAGROS, of Number 23, Ramos Street, Cebu City,
was the owner of the establishment King Arthurs Lodge located on said above stated
address;
2. SPOUSES JUAN and JUANA MILAGROS met the Plaintiff PO3 Jose Chiquito which
on civilian clothes on March 19, 2019, in the entrance of King Arthurs Lodge and were
introduced to special services of the said establishment;
1
3. SPOUSES JUAN and JUANA MILAGROS does not know that Plaintiff is
conducting surveillance that time with his partner PO1 Redford White which is also
in civilian clothes;
4. SPOUSES JUAN and JUANA MILAGROS told the Plaintiff and his partner the
room rates which amounts to P40 per hour plus P50 for the succeeding hour,
respectively;
5. After that the police officers in civilian clothes were introduced to the girls and left the
Lodge for a few drinks along the vicinity of Ramos Street, Cebu City;
6. Plaintiff PO3 Chiquito and another partner PO1 Ariel Llanes conducted an entrapment
operation on April 28, 2009 together with the members of Regional Special
Investigation Unit, the Carbon Police Station, Barangay tanods, and representatives
from the Department of Social Welfare and Development or DSWD;
7. Plaintiff PO3 Chiquito and his partner PO1 Llanes pose as customers and were given
the marked money amounting to P1,500 consisting of 15 pieces 100 peso bill together
with an assistance of a co-police officer in civilian clothes PO1 Randy David acting as
photographer and PO2 Perla Pilar acting as a recorder;
8. At the King Arthur Lodge, the police officers were approached by another Respondent
ANGELINA JOLIE, who offered girls for sexual favors for the price of P300 each;
9. Plaintiff PO3 Chiquito and his partner PO1 Llanes along with three (3) girls namely
BBB, CCC and DDD went upstairs and thereafter requested another girl from
Respondent Jolie;
10. Another Respondent MARIA HALIMUYAK arrived and joined the on-going
negotiations, she left and returned to the lodge with a very young girl AAA with her
and offered to the plaintiff and his partner;
11. Respondent JUAN MILAGROS was behind the reception counter when said
negotiations took place and appeared listening to said transaction;
12. Plaintiff PO3 Chiquito and his partner PO1 Llanes chose three (3) girls one of whom
was AAA and then handed over the marked money amounting to P900 to Respondent
Halimuyak and a tip amounting to P200 to a certain Tawi;
13. After that Plaintiff PO3 Chiquito and his partner PO1 Llanes executed a pre-arranged
signal a “missed call” to a cellphone to the rest of the team;
14. When the rest of the team arrived in the Lodge, Plaintiff PO3 Chiquito announced that
they are police officers and immediately thereafter Maria Halimuyak, Tawi, Spouses
Juan and Juana Milagros, and certain Cristina were arrested;
15. Plaintiff PO3 Chiquito retrieved the money to Respondent Maria Halimuyak and the
police officers brought all the arrested persons to their office for investigation and the
girls who were exploited to the DSWD;
16. Two (2) Information for violation of RA No. 9208 or the Anti-Trafficking in Persons Act
of 2003 were filed;
A. Criminal Case against spouses Juan and Juana Milagros, Contrary to Law;
2
B. Criminal Case against Maria Halimuyak and Angelina Jolie, with qualifying aggravating
circumstances which are the trafficked persons are children and it is committed in large
scale, Contrary to Law.
ISSUES
Whether or not Spouses Juan and Juana Milagros, Maria Halimuyak, and Angelina Jolie
be held liable for the violation of RA 9208 or the Anti-Trafficking in Persons Act of 2003, given
the foregoing facts and circumstances.
ARGUMENTS
Spouses Juan and Juana Milagros, Maria Halimuyak, and Angelina Jolie are liable for the
violation of RA 9208 or the Anti-Trafficking in Persons Act of 2003 for promoting
trafficking in persons, that is, by allowing BBB, CCC, and DDD, and AAA a minor
which is 17 years old, to engage in prostitution in the King Arthurs Lodge located at
Ramos Street, City of Cebu with qualifying aggravating circumstances;
1. The trafficked persons are children; and
2. The crime committed is in large scale.
The pertinent sections in the provision of RA 9208 or the Anti-Trafficking in
Persons Act of 2003, which read:
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to
commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those
done under the pretext of domestic or overseas employment or training or apprenticeship, for the
purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude
or debt bondage;
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed
by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with
one another. It is deemed committed in large scale if committed against three (3) or more persons,
individually or as a group;
Section 3. Definition of Terms. - As used in this Act:
(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 person, 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 recruitment, transportation, transfer, harboring or receipt of a child for the purpose of
exploitation shall also be considered as "trafficking in persons" even if it does not involve any of the
means set forth in the preceding paragraph.
3
(b) Child - refers to 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.
(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a person by
another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other
consideration.
In People v. Casio,the Court defined the elements of trafficking in persons, as derived from the
aforequoted Section 3(a), to wit:
(1) The act of "recruitment, transportation, transfer or harbouring, 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 vulnerability 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, slavery, servitude or the removal or
sale of organs."
It is undisputed based on the facts that the Respondents Spouses Juan and Juana
Milagros, Maria Halimuyak and Angelina Jolie a sufficient knowledge and intent in recruiting and
transporting minor victims for sexual activities and exploitation, with the offenders taking advantage
of the vulnerability of the young girls through the guarantee of a good time and financial gain.
Pursuant to Section 6 of R.A. No. 9208, the crime committed by herein respondents was qualified
trafficking, as it was committed in a large scale and one of their victims were under 18 years of age.
The presence of the crime's elements was established by the clear and convincing evidences and
witnesses. The young victim herself testified on her respective age, and how she were lured by
herein respondents to participate in the latter's illicit sex trade. Respondents Halimuyak and Jolie
recruited the girls to become victims of sexual abuse and exploitation. Mainly upon a promise of a
financial benefit, the girls agreed and, thus, joined him on April 28, 2009 in meeting with the under
covered police customers in search for prostitutes. Police authorities personally, witnessed
respondents unlawful activity, as they conducted the entrapment operations and arrested them after
the transaction with the supposed police customers and received payment therefor.
Applying the prevailing law to the present case, it is clear that Respondents Spouses Juan and
Juana Milagros, Maria Halimuyak and Angelina Jolie is liable for the violation of RA 9208 or the
Anti-Trafficking in Persons Act of 2003.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that judgment be rendered
in favor of Plaintiff and against herein Respondents by FINDING that Spouses Juan and Juana
Milagros, Maria Halimuyak and Angelina Jolie is liable for the violation of RA 9208 or the Anti-
Trafficking in Persons Act of 2003.
;
Other just and equitable remedies under the circumstances are likewise prayed for.
Cebu City, Philippines, June 19, 2019.
ALICIA B. RECIO-SABLAY
Private Prosecutor
T.M. Kalaw Street, Cebu City
IBP LM No. 07658
4
PTR No. 2756785-1-5-17-Lipa City
Roll No. 37729
MCLE Compliance No. V-0016949-3-16-16
Copy furnished:
1. Office of the City Prosecutor
Cebu City
2. NORMAN SY LAW OFFICE
Unit 123, Lacson Bldg., Cebu City
