Case reviewed: No bail for couple who pimped Cebuana

CEBU, Philippines - The Cebu City Prosecutor’s Office has recommended no bail against a couple arrested during a raid in Laguna for allegedly exploiting minors, one of them from Cebu, for the purpose of prostitution.

Prosecutor Gandhi Truya held spouses Nelson and Mheann Lacsa of Barangay Patimbao, Sta. Cruz, in Laguna for trial for qualified trafficking.

Truya reversed the resolution of Prosecutor Russell Busico dismissing the complaint against the couple, ci-ting lack of probable cause.

Though the couple was arrested in Laguna, they can be prosecuted in Cebu City since the recruitment of the 17-year-old native of Camotes Island, Cebu, was done in the said city, said Truya.

“While the management of the bar where the victims were prostituted in Sta. Cruz, Laguna and not in Cebu City, it should be noted that Section 4(a) of RA 9208 punishes not only the act of providing employment but the recruitment as well,” the resolution on review read.

Busico recommended the dismissal of the complaint against the couple, saying the evidence would be very weak if it will be prosecuted in Cebu City.

“Any prosecuting attorney (however brilliant he is) will have a very hard time securing a conviction against herein respondent which is rather not his duty but to see to it that justice is done. While the case against the respondent may still be filed for violation of the Anti-trafficking laws, that opportunity will be lost should the case be filed in the City of Cebu,” said Busico.

He added that the couple is innocent because they were not the ones who recruited and received the minor when she was allegedly taken to work into the bar.

However, Truya reversed these findings of Busico, saying there was conspiracy in the commission of the crime. The rescued victims even pointed at the couple as the persons who received the bar fine and who manages the bar.

Truya further said that while it was Carmel May Bensig who recruited the victim, “the recruitment, harboring and the provision of employment for the purpose of prostitution is considered as one continuous act.”

“Therefore the act of Carmel May who recruited (the victim) in Cebu City cannot be isolated from the act of the managers of the bar (couple) and they are deemed to have conspired in violating Section 4(a) of RA 9208. Hence, one of the essential element of the offense which is the recruitment having had transpired here in Cebu City, this Office holds jurisdiction over the case,” the prosecutor added.

On January 9, the National Bureau of Investigation-7 conducted an entrapment operation in Laguna leading to the arrest of the couple.

Aside from the 17-year old, the NBI also rescued two other minors aged 16. The 17-year-old was reportedly recruited to work as saleslady but ended up being “sex entertainer” in a restobar.

 The NBI also sued bar owner Domingo Malaza and Patricia Malaza alias Didith, who received the minor; Carmel May and Nicole Bensig alias Tita Nicole, who allegedly conspired in recruiting the minor.  (FREEMAN)