Recruiting Minors for Criminal Activities Is Trafficking Under Philippine Law

The Supreme Court has clarified that recruiting minors to commit crimes such as robbery is a form of human trafficking punishable under Philippine law. In Arambulo v. People (G.R. No. 241834, July 24, 2019), the Court upheld the conviction of a man who enlisted three minors to carry out a series of robberies, ruling that his acts fell squarely within the definition of trafficking in persons under Republic Act No. 9208, the Anti-Trafficking in Persons Act of 2003. The decision is significant because it confirms that the exploitation of children for illegal activities—not just sexual exploitation or forced labor—constitutes trafficking.

The Facts of the Case

The petitioner, Fernando Arambulo, together with his minor son, invited three of his son's schoolmates—all minors aged 13, 14, and 16—to their house in 2011. There, Arambulo revealed his plan to commit robberies with the help of the minors. When one of the boys expressed his desire to leave, Arambulo punched him, forcing the boy to stay. The three minors later testified that Arambulo was the mastermind of the series of robberies they committed and that he served as the driver of their getaway tricycle.

The prosecution charged Arambulo with Qualified Trafficking in Persons under Section 4(k)(4) of RA 9208, as amended by RA 10364 (the Expanded Anti-Trafficking in Persons Act of 2012). The trial court convicted him, and the Court of Appeals affirmed, imposing life imprisonment and a fine of P2,000,000.

The Issue Before the Court

The central issue was whether Arambulo could be convicted of Qualified Trafficking in Persons. Arambulo argued that the specific provision under which he was charged—Section 4(k)(4), which penalizes the use of a child for illegal activities—was only introduced by RA 10364 in 2013. Since the acts were committed between September 2011 and January 2012, before the amendatory law took effect, he claimed he could not be convicted under that provision.

The Court's Ruling

The Supreme Court agreed that Arambulo could not be convicted under Section 4(k)(4) of RA 9208, as amended, because that provision was enacted after the commission of the acts. The Court invoked the principle that penal laws operate prospectively, not retroactively, and that a new law cannot punish acts that were not yet criminalized at the time they were committed.

However, the Court held that this did not result in acquittal. Instead, the Court ruled that Arambulo's acts fell under Section 4(a) of RA 9208 in its original form, which penalizes the recruitment of a person by any means for the purpose of forced labor, slavery, involuntary servitude, or debt bondage. The Court noted that Section 3(d) of the original law defined to include the extraction of work or services through enticement, violence, intimidation, or threat, or the use of force or coercion.

Applying these provisions, the Court found that the prosecution had established all the elements of trafficking: Arambulo recruited three minors; he did so by taking advantage of their vulnerability as minors, using enticement, violence, and coercion; and he recruited them for the purpose of engaging them in illicit work—committing robberies. Because the victims were children, the crime was qualified under Section 6(a) of RA 9208. The Court also noted that the crime was committed in large scale since it involved three or more victims, as provided under Section 6(c).

The Proper Penalty

The Court affirmed the penalty of life imprisonment and a fine of P2,000,000, as provided under Section 10(c) of RA 9208 for Qualified Trafficking in Persons. Additionally, the Court ordered Arambulo to pay each of the three victims P500,000 in moral damages and P100,000 in exemplary damages, with legal interest at six percent per annum from the finality of the decision until full payment.

Practical Takeaways

• Recruiting minors for criminal activity is human trafficking. Under RA 9208, the recruitment of a child for exploitation—including forcing them to commit crimes—constitutes trafficking, even without the use of force or coercion, because a minor's consent is not considered freely given.

• The law applies prospectively. A person cannot be convicted under a provision that was enacted after the commission of the acts. However, courts may convict under an earlier, applicable provision if the acts fall within its scope.

• Trafficking is qualified when victims are children. When the trafficked person is a minor, the crime becomes Qualified Trafficking in Persons, which carries the heavier penalty of life imprisonment and a fine of at least P2,000,000.

• Large-scale trafficking aggravates the offense. Committing trafficking against three or more persons, individually or as a group, constitutes qualified trafficking.

• Damages are awarded to trafficking victims. Convicted traffickers may be ordered to pay moral and exemplary damages to each victim, in addition to the criminal penalties.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.