THE NATIONAL Bureau of Investigation (NBI) has endorsed to the Department of Justice a complaint for qualified human trafficking against Batangas Rep. Leandro Leviste.
Also included in the complaint are former Negros Oriental Rep. Jacinto “Jing” Paras and five others over an alleged plot to offer women for sexual services to Executive Secretary Ralph Recto.
The alleged intent is to set Recto up for “character assassination.”
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Also charged is a talent manager publicly identified only as alias “Ken,’’ and four lawyers, who according to the NBI, were supposedly consulted to fabricate statements against Recto using women for hire.
The storyline is that Alias Ken met with Paras and the lawyers in a restaurant in July to discuss a plan to set Recto up by offering him four women from the talent manager’s stable of artists.
Alias Ken was apprehended on a different case, but upon investigation purportedly yielded information relevant to Recto’s case.
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If plans had not miscarried, these women would supposedly formally narrate that Recto forced them to take drugs and have sex with him.
Do these circumstances, assuming them to be backed by evidence, satisfy the elements of qualified human trafficking as defined and penalized under Section 6 of Republic Act No. 9208?
If they do, Cong. Leviste might have a real disincentive to return to the country.
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What is apparent to us, the other pieces of evidence not being publicly known, is the allegation that the women were recruited by the talent manager for the task of ruining the reputation of a government official in exchange for money.
The prosecution in this case might be considering “syndicated trafficking” as described in law.
This happens when three or more offenders recruit or hire another person for an exploitative purpose. Examples are prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude, or debt bondage.
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Does the NBI have evidence of conspiracy among alias Ken, former Rep. Jing Paras and the lawyers?
This would most likely be the narration of Alias Ken himself who has purportedly admitted his acts in an affidavit submitted to the NBI.
Conspiracy with the lawyers is an important circumstance to prove to qualify the crime to syndicated trafficking. A “syndicate” needs three or more conspirators.
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Qualified human trafficking includes syndicated trafficking as a species. It is punished with life imprisonment and a person indicted under the article may not be bailed unless the evidence of guilt is weak.
We do not know what type of evidence the NBI has against the lawyers – beyond being on hand to assist the women in coming up with their respective affidavits.
Otherwise, the required number of participants in the conspiracy may not be reached and the offense that will be elevated in court is simple trafficking where bail is a matter of right.
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So does the NBI have the goods?
Justice Secretary Fredderick Vida said on last week that they have a 10-day period to assess whether to proceed with a preliminary investigation, or refer the complaint back to the NBI./PN
