Procurer and facilitator

RA 7610 penalizes anyone who engages in, or promotes, facilitates, or induces child prostitution either by: (1) acting as procurer of a child prostitute; or (2) inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; or (3) taking advantage of influence or relationship to procure a child as prostitute; or (4) threatening or using violence toward a child to engage in prostitution; or (5) giving monetary consideration, goods or other pecuniary benefits to the child with intent to engage such child in prostitution. This is the law used in this case of Dan.

Dan is the surrogate father of a child under 12 years old named Bella. She was the daughter of her sister Sarah who brought her to him when she was barely a year old because Sarah could not support her anymore since the father a Japanese national left them.  From then on, Dan raised and took care of Bella and had moral ascendancy over her. He infused intense fear and awe on Bella by threats that he would send her away if she did not obey him. And whenever he got angry, he would pull her and her younger brother’s hair, whip them very hard, slap them on the upper arm with a hanger, box them on the arms, bite them and even make them kneel on salt with outstretched hands.  

When Bella was 11 years old, she was quite attractive already and with a sexy body of a 16-year- old teenager.  So Dan started to procure Bella as a child prostitute for at least two “clients.” The first client is an Arab national who committed acts of lasciviousness on Bella 11 times by kissing her lips, her breast, and her private parts to the extent of rubbing his penis against it. The second client is a business man who committed acts of lasciviousness also for eight times, by kissing her lips, private organ and even raping her several times. During these visits, the clients would pay Bella ranging from P2,000 to P10,000. Bella’s fear of Dan pushed her to go with him to the clients. But when Dan became quite violent already and hit Bella with the telephone apparatus because she had forgotten to call the second client, Bella already escaped.

Thereafter , Bella reported what Dan had done to her and after the necessary investigation, an Information for violation of Section 5, Article III of RA 7610 was filed against Dan for unlawfully, willfully, and feloniously promoting, facilitating and inducing Bella, a female child below 12 years of age to indulge in sexual intercourse and lascivious conduct through coercion and influence, for money, profit and other consideration.

At the trial the prosecution presented Bella as witness where she narrated what happened to her. Also presented as witnesses were the doctor of the PNP crime laboratory who examined Bella and an employee of the telephone company who testified about the calls made to the second client reflected in the telephone bills. For his defense, Dan and two other witnesses testified denying the charges and claiming that there is no violation of RA 7610 as Bella consented to what was done to her and that he was only promoting Bella’s ambition to be an actress.

But after trial, the Regional Trial Court found Dan guilty of the crime charged on two counts and sentenced him to reclusion perpetua. This was affirmed by the Court of Appeals (CA) and the Supreme Court (SC), with the modification that he is guilty of one count, not of two counts.

The SC ruled  that Dan is indeed guilty of promoting, facilitating and inducing child prostitution by acting as procurer of a child prostitute through violence and intimidation and for monetary consideration as provided in Section 5, pars. 1, 4 and 5) Article III, R.A. 7610. Verily it was against the will and consent of Bella to see the two clients as shown by her testimony on her harrowing experience. But even if she had in fact consented Dan may still be prosecuted and convicted of child prostitution under said Section because child consent or lack of it is not an essential element of the offense. Dan had infused on Bella intense fear and awe and it was this fear that pushed her to still go with him to the clients even if she did not want to do so. Besides, Dan had moral ascendancy on Bella because he raised and took care of her from age 1. His clear intention to pimp and promote Bella as child prostitute cannot be concealed in the guise of a move to help Bella to realize her ambition of being an actress. So he is really guilty of one count of violation of Section 5(a), RA 7610 and sentenced to imprisonment of 14 years 8 months and 1 day as minimum to 17 years, 4 months and 1 day, maximum and to pay a fine of P20,000 plus P50,000 moral damages (People vs. Delantar, G.R. 169143, February 2, 2007).

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