RED LEAVES FALLING

Assignment #1: Identify and Analyze the Facts

Legal Research and Writing

School of Law and Governance

University of San Carlos

Submitted by:

ATON, ZCE C.

CATALUÑA, KAREN T.

FELICIA, MARIKAH O.

MUEGO, VIENNA LYN M.

PERALES, TWEENY FE Y.

Group 2 - Block 203

Submitted to:

ATTY. JOAN DYMPHNA SANIEL AMIT

February 04, 2023

FACTS:
Ruby and her younger sister were sold to the foreigner by their mother for the sake of his
youngest child who was hospitalized and needed an operation. The mother, who was
overwhelmed with the medical expenses, later sought Rommel's assistance, who was a
neighbor and lived in the same town.

Sometimes later, Rommel went back again to Ruby’s house with a foreigner and introduced
himself to the family, the mother assured the foreigner that Ruby is good at helping with
housework and babysitting. Yet, not only was Ruby offered a job but also her eighth year's old
sister was to be given one. The mother was hesitant but due to circumstances of prioritizing his
youngest child, the mother agreed to the arrangement with Romel and the foreigner.

The two young girls went to the city along with the foreigner. Ruby and her sister were taken to
the brothel despite the promised job. Later, they were forced to participate in sex trafficking and
asked to perform internet pornography.

Rommel entered the room where Ruby was and he made an attempt to coerce her, but Ruby
smashed the bottle over his head and shoved the pick into his mouth, causing Rommel to
choke. Ruby had the opportunity to leave the brothel, and when she saw the lady sweeper she
begged for help. The lady shook her head and so she ran in the direction of the restaurant to
ask for help. Unfortunately, she was apprehended and hauled back to the brothel and the
foreigner shot her legs as a punishment for escaping.

The sweeper lady living nearby heard the gunshot and decided to report it to the police. The
foreigner and his accomplices, along with the online perpetrator were apprehended. All of the
children including Ruby and her sister in the prostitution house were rescued and sent back to
their families.

TARP

THING The Dispute here are the crimes of Child Sex Trafficking (R.A. 10364), Child
Pornography (R.A. 9775), Child Abuse (R.A. 7610), Rape (R.A. 8353) and
Physical Abuse or VAWC (R.A. 9262).

Child trafficking and child pornography are illegal under Republic Acts Nos.
10364 (the Expanded Anti-Trafficking in Persons Act of 2012) and 9775 (the
Anti-Child Pornography Act of 2009). These are still major issues in the
Philippines. The frequency of child trafficking and child pornography can be
attributed to the country's pervasive poverty. Promises of jobs and material
wealth entice children, particularly those from rural areas, who are yearning to
escape poverty or provide for their families.
CAUSE OF Right:
ACTION ● The rights that were violated were the rights of Ruby and Dawn to
education and when they were sold to the foreigner.
● The right for protection of child abuse, sexual abuse, exploitation, sales
and trafficking.

Obligation: The Obligation of the defendants is to secure and respect the

fundamental and legal rights of the children.

Violation: Joe and Rommel trafficked the victims for sexual exploitation while
their mother trafficked them for labor exploitation.

Damage: Explicit sexual activity may be through lascivious acts. It is submitted

that the act of Ruby stripping in front of a webcam falls under the law. Thus, Joe
shall be held liable for being the one who hired Ruby and Dawn to perform in
the creation or production of any form of child pornography. Ruby was also shot
which caused her to be disabled.

RELIEF The aggrieved parties, both the State and the private plaintiffs, who are the
victims of trafficking under R.A. 9208, R.A. 9775, and R.A 7610, compelled the
court to impose proper penalties to the defendants. Under Sec. 10 (c) of RA
9208, persons found guilty of Qualified Trafficking shall suffer the penalty of life
imprisonment and a fine of not less than P2,000,000.00.

Moreover, the plaintiffs should also seek to pay each victim's moral damages
and exemplary damages pursuant to prevailing jurisprudence. These monetary
awards should have legal interest from finality of the Decision until full payment.

The government should strengthen the public safety of every children in our
society by promoting and providing program that would to give awareness to
children against child prostitution and other sexual abuse; child trafficking,
obscene publications and indecent shows; other acts of abuse; and
circumstances which endanger child survival and normal development.

Dawn and Ruby, being minors below 12 years old and being under the tender
age, must be protected by the State from being a victim of Child Trafficking,
Obscene Publications and Indecent Shows, Other Acts of Neglect, Abuse,
Cruelty or Exploitation Prejudicial to the Child’s Development.

PERSONS The people involved in this case were the two minor siblings that are the
complainant (with the representation of their mother), namely Ruby (12 years
old) and Dawn (8 years old) who suffered from the crimes of Child Sex
Trafficking, Child Pornography, Child Abuse, Rape, and Physical Abuse.
 The street sweeper called the police regarding the incident that the owner of
the bar, Joe and the child traffickers, sexually abused the children who were
brought to work in the bar, specifically Ruby and Dawn.

The defendants/accused in this case are Joe (Child trafficker), who happened
to be the owner of the prostitution house and Rommel, the neighbor who
assured to help Ruby’s family but was also a child trafficker. Another defendant
in this case is Frank Smith who was caught by the police for allegedly buying
the videos and photos of Ruby being naked.

5w and 1H

WHO Complainant:
● Ruby, 12 years old and Dawn, 8 years old

Informant:
The Lady Sweeper: Who informs the police about the crime.

Defendant/Offenders:
● Rommel: Accomplice or recruiter
● Joe: Owner of the prostitution house and child trafficker
● Frank Smith: Who was caught by the police for allegedly buying the
videos and photos of Ruby being naked.

WHAT The victims: The mother is also partly blamed for selling them for labor
exploitation due to poverty. This is one of the most problems that has not been
properly addressed by the Government or the Private sector. Poverty creates
deprivation of freedom of liberty, education, co-equal benefits in living, being
classified as low class as to its standard in living and treated unequally. This is
the cause of action of this movie clip that led to multiple crimes against the
minor victims that they have become the payment of pleasures to such men
who are thirsty of lust and no remorse to these minor children and that have
been watched naked through social media sites, being sexually intercoursed
by force and sold to foreigners or rich men.

Also, Ruby used self-defense to escape from Rommel from being raped or
sexually harrased. She had no choice but to smash the bottle on his head and
shoved the pick that was in the mouth of Rommel which he got pierced by a
broken bottle on his stomach. Ruby’s act is justifiable and since she is minor
she would not incur any criminal liability under Article 11 and Article 12 of the
Revised Penal Code.

The Offender: Doing illegal acts such as child abuse, sexual abuse and
trafficking. Also, Joe shot Ruby when she was sent back to the Brothel to
teach her some lesson for escaping.

WHERE In the Province of the Ruby and Dawn and Prostitution House in the City
 where Joe owns.

WHEN Based on the video, the exact date/s of the event/s was not provided.

WHY Ruby and her younger sister Dawn were sold to the foreigner by their mother
for the sake of his youngest child who was hospitalized and needed money to
pay for the operation.

HOW Ruby's mother hurried their bunso, who needed emergency medical attention,
one morning. It was then discovered that the bunso required a procedure that
Ruby's mother could not afford. The mother, who was overwhelmed with the
bunso's medical expenses, later sought Rommel's assistance, who was a
neighbor and lived in the same town. She went to see him after receiving the
hospital's billing statement and informed him she couldn't afford to pay it.
When the mother returned home, she told Ruby that she should stop going to
school and instead work because she was old enough to make money and
support the family, and that the work she had told Ruby about was already
arranged and she would be leaving the next day.

Ruby and Dawn left their hometown with the foreigner. They were taken to a
site in a new city and were both forced into a room full of girls dressed in
skimpy attire as they walked inside the building. It was later revealed to be a
site where child pornography thrives when Ruby and Dawn were approached
by a woman who forced them to strip naked in front of a camera. Further, the
foreigner was dealing with consumers eager to pay money in exchange for
sexual services, thereby also making it a prostitution establishment. Rommel
and the foreigner were both child traffickers who took advantage of people who
wanted to give their families a better life.