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CASES

1.
Judge Angelica Paras Quiambao of Angeles City Regional Trial Court Branch 59 has imposed a 32-year
imprisonment on a couple for the online sexual abuse of AAA, a 9-year-old girl who had been under their custody
for several years and of their 3-year-old daughter, BBB. The Court’s decision found 31-year-old Herlen Torrefiel
and 29-year-old Janno Cabido guilty in two cases of violating Republic Act No. 9775 or the Anti-Child Pornography
Act of 2009.
AAA, a Grade 4 student, had been living with her supposed guardians in an apartment in nearby
Mabalacat City while her parents and sibling were in Bohol. Operatives of the Philippine National Police Women
and Children Protection Center (WCPC) and Anti-Cybercrime Group (ACG) led the entrapment operation against
the couple on November 16, 2017, after receiving information and referral from the Swedish police through the
Bangkok-based Nordic Police and Customs Cooperation Liaison Office, a cooperation office of the 5 Nordic
countries of Denmark, Finland, Iceland, Norway, and Sweden. A WCPC information technologist posed as a
customer and in several instances was able to chat online with the accused, including one time when the two
young girls were presented to him via Skype video chat. He was promised a surprise performance from the girls.
The undercover police officer, who pretended to be an American, was also able to ascertain the identities and
residence of the couple by sending money as gifts through money transfer services and a package to the
apartment. On the day of the sting operation, policemen carrying a search warrant issued by the RTC Branch 60
here proceeded to the target apartment in Barangay Dau, Mabalacat City, while the undercover police officer
was chatting with the accused who were asking P5,000 for each online sexual show. The couple were arrested
and brought to the WCPC office in Camp Crame while the girls were turned over to the Department of Social
Welfare and Development.
In a sworn affidavit, the 9-year-old victim said her guardians made her undress in front of the computer
and show her genitals to foreigners on the screen who were also naked and playing with their sex organs. “Wala
po akong magawa. Sumusunod na lang po ako sa utos nila. Yung mga kapitbahay namin doon sa bandang dulo
ang bahay may apat na bata na ganoon din ang ipinapagawa,” she said, adding that she needed to comply with
her guardians wishes so they would have money to buy milk, and because they were the ones sending her to
school. (I couldn t do anything. I was just following their orders. Our neighbors in another house also made 4
children do the same thing.) When she testified in a hearing, the victim also disclosed that the couple scolded or
spanked her whenever she refused to do what she was asked to perform.
RTC Ruling
For coercing a child to perform pornographic act in violation of section 4, paragraph (a) of the law, the
court ordered each of the convicted persons to serve 20 years imprisonment and pay P2 million. The court also
imposed a sentence of 12 years imprisonment and a fine of P500,000 to each of the accused for violating section
4, paragraph (g) which prohibits a parent, legal guardian, or person having custody or control of a child to
knowingly permit the child to engage, participate, or assist in any form of child pornography. Aside from the
fines, the two were ordered to jointly pay P150,000 in moral and exemplary damages to the minor girl who had
been under their custody since she was 2 years old.
2.

A school teacher in Bayambang, Pangasinan, who has been allegedly selling child sexual abuse materials
on his social media account, is facing charges for violation of the Anti-Child Pornography Act of 2009.

Armed with a search warrant, the Department of Justice-Office of Cybercrime (DOJ-OOC) and National
Bureau of Investigation-Dagupan District Office (NBI-DDO) searched the house of 22-year-old Mark Carlo Aquino
on Thursday.

Authorities were reportedly prompted to act on the matter after receiving reports of his alleged activities
on Twitter. They seized from Aquino’s home laptop computers, storage devices, a smart phone, and other
electronic devices.

Aquino will be charged for violation of Republic Act. No 9775 or the Anti-Child Pornography Act of 2009
in relation to Republic Act No. 10175 or the Cybercrime Prevention Act of 2012.
__________________________________________________________________________________________

3.
In Cebu City, agents of the National Bureau of Investigation in Central Visayas on Thursday arrested three
women for allegedly taking lewd pictures of their own children and other minors in Lapu-Lapu City, Cebu, to sell
these to a child pornography operator. The women were arrested during simultaneous raids in Barangays Soong
and Babag. At least 20 minors, including two children of one of the suspects, and the daughter of another
suspect, were rescued.

The suspects dealt with Patrick Clohessy, an Irish who was arrested in London four years ago for cyber
porn. Several lewd pictures that were found in Clohessy’s possession allegedly included those of minors from
Lapu-Lapu City. The National Crime Agency of London sought the help of the Inter-Agency Council Against
Trafficking and the International Justice Mission which referred the matter to the regional NBI office. After
conducting surveillance operations for nearly three months, the NBI confirmed that the three suspects were
engaged in child porn.

Armed with a search warrant issued by Executive Judge Toribio Quiwag, of the Regional Trial Court in
Lapu-Lapu City, the agents raided the houses of the suspects. Rescued from the house of one of the suspects in
Barangay Babag were her two children, ages 4 and 6, and her 10 nephews. Computers, laptops and mobile
phones that were seized in the raids would be used as evidence.

In Barangay Soong, the NBI rescued the 22-year-old daughter of a woman who was Clohessy’s alleged
cohort in Cebu. The victims were brought to the Department of Social Welfare and Development.

Augusto Isidoro, NBI assistant director, said the NBI would file charges against the women and Clohessy
at the Lapu-Lapu City prosecutor’s office. They would be charged with violating the Anti-Trafficking in Persons
Act of 2003 (Republic Act No. 9208) and the Anti-Child Pornography Act of 2009 (RA 9775). Since the victims are
minors, the cases would be nonbailable. Conviction carries a penalty of life in prison and fines ranging from P2
million to P5 million.

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