MANILA, Philippines – The Supreme Court (SC) has affirmed the life imprisonment sentences handed down to Peter Gerald Scully and Carme Ann Alvarez for the qualified trafficking of two minors for prostitution, pornography, and sexual exploitation.

The SC said Monday that in a decision penned by Associate Justice Jhosep Y. Lopez, the SC’s Second Division upheld the convictions previously issued by the Regional Trial Court (RTC) and the Court of Appeals, solidifying their guilt under Republic Act No. 9208, or the Anti-Trafficking in Persons Act of 2003.

The case stemmed from an incident on September 19, 2014, where Alvarez lured two girls, aged 9 and 12, from a shopping mall with promises of food and more. She then brought them to a residence where they met Scully.

Inside the house, Scully provided the girls with alcohol, forced them to undress, and photographed them naked. He subsequently chained their necks and made them watch a pornographic film. 

Both Scully and Alvarez then sexually exploited the minors while documenting their acts with a laptop. The victims managed to escape four days later and reported the crime to the authorities, it said.

The high tribunal said that Scully and Alvarez appealed their convictions, arguing that their actions did not constitute trafficking as they claimed to have abducted the girls for their own gratification, not for the exploitation of others. 

They also argued that the absence of pornographic material presented as evidence should clear them of the charge. Additionally, they alleged that the RTC violated their constitutional right to be heard when they were unable to present their defense, the court noted.

The high court dismissed their appeal, asserting that all elements of trafficking under RA 9208 were clearly established. The Court emphasized that trafficking encompasses the recruitment, transportation, or transfer of individuals, regardless of consent, through threats, coercion, deception, or abuse of power, for exploitative purposes, including prostitution, forced labor, slavery, or the removal or sale of organs.

The crime is classified as qualified trafficking when the victims are minors, mandating a life imprisonment sentence. The SC stressed that the core of trafficking is the act of recruiting or using a person for sexual exploitation, regardless of consent. 

The fact that Scully and Alvarez lured, enticed, and transported the victims for sexual exploitation was sufficient to establish their guilt, regardless of the absence of physical pornographic material.

The Court also rejected the argument that the accused were denied their right to be heard. The SC noted that the RTC had liberally granted numerous trial postponements requested by the defendants’ lawyers. However, after repeated absences by both the accused and their counsel, the RTC concluded that they had waived their right to present evidence.

The SC stated that courts are not obligated to indefinitely wait for the accused, emphasizing the need for swift and fair trials. The Court ruled that when defendants are given ample opportunities to present their defense but fail to do so, they forfeit their right.

“Indeed, for justice to prevail, the scales must be balanced, and judges must insure that all those who appear or are brought to the bar of justice are afforded a fair opportunity to present their side. In the same breadth, however, judges are warned to be on their guard against motions for postponements by the accused which are designed to derail and frustrate criminal proceedings,” the decision stated.

Scully and Alvarez were sentenced to life imprisonment, fined up to PHP 5 million each, and ordered to pay each victim PHP 600,000 in damages.