Dear PAO,

What case can I file against a person who pretends to be a church leader in order to induce young individuals to leave their home, purportedly to attend a religious school under full scholarship? My sister, who is already of legal age, was among those recruited by this person and we later found out that instead of studying, my sister was actually forced to render her services, without compensation save for board and lodging, as a factory worker in one of the businesses owned by this person. Thank you.

Isla

Dear Isla,

Forced labor and slavery, as defined under Section 3 (d) of Republic Act (RA) 9208, otherwise known as “Anti-Trafficking in Persons Act of 2003,” as amended by RA 11862, or the “Expanded Anti-Trafficking in Persons Act of 2022,” pertains to “the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendency, debt-bondage or deception.”

Meanwhile, in People of the Philippines vs. Shirley A. Casio, (G.R. No. 211465, December 3, 2014), the upreme Court, through Senior Associate Justice Mario Victor F. Leonen, derived from the same law, particularly from Section 3 (a) thereof, the following elements of trafficking in persons, 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.

From your narration of facts, it may be inferred that the act of the person subject of your query is pretending to be a church leader in order to induce young individuals to leave their respective homes under the promise of full scholarship, and then forcing them to work as factory workers for essentially no pay, reasonably fall under the punishable acts of RA 9208. Particularly, under Section 4 (a) thereof, the law declares it unlawful for any person, natural or juridical, to recruit, harbor, or receive a person by any means, including those done under the pretext of training, for the purpose of forced labor, slavery, involuntary servitude. Hence, you may file a complaint for violation of the Anti-Trafficking in Persons Act of 2003, as amended, against said individual.

We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]