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  • People v. Nurfrashir Hashim

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    The defendants Nurfrashir Hashim and Bernadette Pansacala were convicted of illegal recruitment for recruiting individuals and promising them jobs abroad that did not exist, causing the individuals (BBB, AAA, and CCC) to become sex workers or prostitutes. The trial court ordered payment of damages, which the appellate court affirmed but reduced the amount. The issue before the court is whether the defendants are liable for damages. The Supreme Court rules that damages are appropriate, as trafficking persons as prostitutes without consent causes physical and mental suffering, constituting moral damages under the Civil Code. As the crime was aggravated and committed by a syndicate, exemplary damages are also justified.

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    The defendants Nurfrashir Hashim and Bernadette Pansacala were convicted of illegal recruitment for recruiting individuals and promising them jobs abroad that did not exist, causing the individuals (BBB, AAA, and CCC) to become sex workers or prostitutes. The trial court ordered payment of damages, which the appellate court affirmed but reduced the amount. The issue before the court is whether the defendants are liable for damages. The Supreme Court rules that damages are appropriate, as trafficking persons as prostitutes without consent causes physical and mental suffering, constituting moral damages under the Civil Code. As the crime was aggravated and committed by a syndicate, exemplary damages are also justified.

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    146 views1 page

    People v. Nurfrashir Hashim

    Uploaded by

    IkangApostol
    The defendants Nurfrashir Hashim and Bernadette Pansacala were convicted of illegal recruitment for recruiting individuals and promising them jobs abroad that did not exist, causing the individuals (BBB, AAA, and CCC) to become sex workers or prostitutes. The trial court ordered payment of damages, which the appellate court affirmed but reduced the amount. The issue before the court is whether the defendants are liable for damages. The Supreme Court rules that damages are appropriate, as trafficking persons as prostitutes without consent causes physical and mental suffering, constituting moral damages under the Civil Code. As the crime was aggravated and committed by a syndicate, exemplary damages are also justified.

    Copyright:

    © All Rights Reserved
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    of 1

    People v.

    Nurfrashir Hashim

    SERENO, J.
Leigh Taritz C. Ganancial

    Facts

    Bernadette Pansacala and Nurfrasir Hashim y Saraban, without having previously


    obtained from the Philippine Overseas Employment Administration, license or authority
    to engage in the recruitment and deployment of overseas workers, did then and there
    willfully, unlawfully and feloniously, illegally recruit for a promised employment in
    Brunei and Malaysia, thus causing and prompting the persons of BBB and AAA to apply
    which employment however did not materialize because in truth and in fact, the promised
    employment is non- existent, in flagrant violation of the above-mentioned law and
    causing damage and prejudice to said complainants. Subsequently, BBB, AAA, CCC,
    went abroad but become sex workers or prostitutes. Consequently, Pansacala and
    Nurfrasir Hashim were arrested, charged and convicted by the Trial Court of the crime of
    illegal recruitment. Payment of damages were likewise ordered. On appeal, the CA
    affirmed the findings of trial court however, reduced the award of damages.

    Issue

    Ruling

    Yes. Art. 2219, New Civil Code provides: Moral damages may be recovered in the
    following and analogous cases: (1) A criminal offense resulting in physical injuries; (2)
    Quasi-

    delicts causing physical injuries; (3) Seduction, abduction, rape, or other lascivious acts;
    (4) Adultery or concubinage; (5) Illegal or arbitrary detention or arrest; (6) Illegal search;
    (7) Libel,

    slander or any other form of defamation; (8) Malicious prosecution; (9) Acts mentioned
    in Article 309; (10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34,
    and 35. The criminal case of Trafficking in Persons as a Prostitute is an analogous case to
    the crimes of seduction, abduction, rape, or other lascivious acts. In fact, it is worse. To
    be trafficked as a prostitute without one’s consent and to be sexually violated four to five times a
    day by different strangers is horrendous and atrocious. There is no doubt that Lolita
    experienced physical suffering, mental anguish, fright, serious anxiety, besmirched
    reputation, wounded feelings, moral shock, and social humiliation when she was
    trafficked as a prostitute in Malaysia. Since the crime of Trafficking in Persons was
    aggravated, being committed by a syndicate, the award of exemplary damages is likewise
    justified.

    Whether or not the accused were liable for damages.

    Petition granted.

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