Attempted Trafficking in Persons: When Simulating a Birth and Taking Custody of a Child Leads to Conviction

The Supreme Court has consistently upheld the State's policy to protect children from exploitation and trafficking. In Maestrado v. People (G.R. No. 253629, September 28, 2022), the Court affirmed the conviction of a woman who took custody of a seven-month-old child under suspicious circumstances, ruling that her acts constituted Attempted Trafficking in Persons under Republic Act No. 9208, as amended by RA 10364. The case clarifies how Philippine courts treat the simulation of a child's birth and the acquisition of custody when done for the purpose of selling the child.

The Facts of the Case

In September 2014, three women—including a certain Stephanie Locker, an American citizen—went to the Local Civil Registrar to register the birth of a seven-month-old child (AAA). They submitted documents indicating that Locker was AAA's biological mother and that another accused, Alvarez, was the midwife who attended the birth. However, the child appeared to be of Filipino descent while the alleged parents were Caucasian.

Police investigation revealed that Locker did not actually give birth to AAA. The child's biological mother was a different woman. When authorities traced AAA, they found her in the custody of petitioner Lenida Maestrado, who claimed Locker had left the child with her. Maestrado kept the child for about five and a half months despite knowing the circumstances were suspicious and without reporting to any government agency.

The Legal Issue

The central question was whether the prosecution had proven Maestrado's guilt for Attempted Trafficking in Persons beyond reasonable doubt. Maestrado argued that she merely took care of AAA while waiting for Locker to return, denying any intent to sell the child.

The Court's Ruling

The Supreme Court denied the petition, affirming the conviction. The Court emphasized that it is not a trier of facts—questions of fact, such as whether guilt was proven beyond reasonable doubt, are generally not entertained in petitions for review on certiorari under Rule 45. Since the trial court's factual findings were affirmed by the Court of Appeals, these findings are given great respect and finality.

Elements of Attempted Trafficking in Persons

Under Section 4-A of RA 9208, as amended, certain acts are deemed Attempted Trafficking in Persons when the victim is a child. Two provisions applied here:

Simulation of birth (paragraph d). The prosecution must prove: (1) the victim is a child, and (2) the simulation of birth was for the purpose of selling the child. The Court found both elements present. AAA was under 18 years old, and the evidence showed a concerted effort to register a false birth certificate making Locker appear as the mother.

Soliciting and acquiring custody (paragraph e). The prosecution must prove: (1) the victim is a child, and (2) the child was solicited and custody acquired from places like hospitals, clinics, or low-income families for the purpose of selling the child. Maestrado admitted keeping AAA despite knowing the child could not be Locker's daughter because of their different physical appearances. She never reported to authorities and instead maintained custody under suspicious circumstances.

The Court found that these acts were part of a collective effort to enable Locker to illegally bring the child—whom she had bought from AAA's biological mother—to the United States.

Why the Defense Failed

The Court rejected Maestrado's defense of denial, noting it was unsupported by corroborating evidence. The prosecution's witnesses gave positive, categorical, and credible testimonies. A simple denial, the Court reiterated, is weak because it is easy to fabricate.

Practical Takeaways

• Simulating a birth certificate is a serious crime. Registering a child under false parentage—even without a completed sale—can constitute attempted trafficking if done for the purpose of selling the child.
• Custody of a child under suspicious circumstances carries risk. Keeping a child who is not related to you, especially when left by a foreigner under questionable conditions, without reporting to authorities, may lead to criminal liability.
• The purpose of selling need not be consummated. Attempted trafficking is punishable when there are overt acts toward the crime, even if the sale never happens.
• Factual findings of trial courts are highly respected. When the RTC's findings are affirmed by the Court of Appeals, the Supreme Court will generally not disturb them unless there is a clear showing of overlooked facts.
• Denial is a weak defense. Without corroborating evidence, a bare denial cannot overcome positive and credible prosecution testimony.

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