VZCZCXRO9315
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHML #2366/01 2940937
ZNR UUUUU ZZH
O 200937Z OCT 08
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2111
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS IMMEDIATE
RUEHLO/AMEMBASSY LONDON IMMEDIATE 3479
RHHMUNA/CDRUSPACOM HONOLULU HI IMMEDIATE
RUEAWJB/DEPT OF JUSTICE WASHINGTON DC IMMEDIATE
RUEHC/DEPT OF LABOR WASHDC IMMEDIATE

UNCLAS SECTION 01 OF 02 MANILA 002366 
 
SENSITIVE 
SIPDIS 
 
STATE FOR G/TIP, EAP/MTS, EAP/RSP, INL, DRL 
LABOR FOR ILAB 
JUSTICE FOR CRIMINAL DIVISION 
STATE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: PHUM KCRM KWMN EAID RP
SUBJECT: ZAMBOANGA COURT CONVICTS HUMAN TRAFFICKER 
 
REF: A. MANILA 02324 (MANILA AIRPORT OPENS NEW SHELTER) 
     ¶B. MANILA 02035 (STAKEHOLDERS UNITE AGAINST HUMAN 
        TRAFFICKING) 
 
¶1. (SBU) SUMMARY: A Zamboanga City municipal trial court on 
October 14 sentenced a human trafficker to 30 years in prison 
for the 2004 trafficking and illegal recruitment of two 
women, adding a fine of $41,300 (1.9 million pesos).  This 
decision represents the tenth conviction under the 2003 
Anti-Trafficking in Persons Law and the fourth successful 
anti-trafficking prosecution in Zamboanga.  The convicted 
trafficker, working with two others, had tricked three women 
to travel with her to Sandakan, Malaysia, where they were 
forced to work in a nightclub.  The victims eventually 
escaped back to Zamboanga, where two of them filed charges. 
The City of Zamboanga, a launch pad for traffickers to 
Malaysia and beyond, has been at the forefront in the fight 
against trafficking, benefiting from the support of U.S. 
grant recipients in trafficking awareness training for public 
officials.  The city has two dedicated prosecutors who focus 
exclusively on trafficking cases, leading the city to account 
for one-third of trafficking convictions nationwide under the 
2003 law.  END SUMMARY. 
 
ZAMBOANGA CONVICTS ITS FOURTH TRAFFICKER 
---------------------------------------- 
 
¶2. (SBU) A Zamboanga City municipal trial court sentenced a 
human trafficker on October 14 to 20 years in prison for 
trafficking and an additional 10 years for illegal 
recruitment, with respective fines of $26,100 and $15,200 
(1.2 million pesos and 700,000 pesos).  This decision 
represents the second trafficking conviction in the 
Philippines in 2008, the tenth conviction nationwide under 
the 2003 Anti-Trafficking in Persons law, and the fourth such 
conviction in Zamboanga.  In June 2004, three traffickers 
offered Brunei sales jobs to three Zamboanga City residents, 
who were instead trafficked to Sandakan, Malaysia, and forced 
to work in a nightclub.  One of the victims was released 
shortly after arrival because she was considered over-age.  A 
second victim escaped with the help of a family member 
residing in Sandakan, while the third victim was "purchased" 
by a British national for $2,300 (8,000 ringgits) and forced 
to live with him.  Several months later, with her passport 
and Malaysian immigration entry stamp about to expire, the 
British man allowed her to travel back to Zamboanga to renew 
her paperwork, but she did not return. 
 
¶3. (SBU) Zamboanga prosecutors filed a case in July 2005 
against two recruiters: Edwina Guarin, who was convicted, and 
her sister, Charito Rebollos, who is still at large and has a 
pending warrant of arrest.  The victims were unable to 
identify the third trafficker, who also remains at large. 
The prison sentence for Rebollos, while lengthy at 30 years, 
was not a life sentence because the crime did not amount to 
"qualified trafficking."  To meet this higher threshold, 
there must be additional circumstances such as minor victims, 
three or more victims, or three or more traffickers (a 
syndicate), none of which existed in this case.  During the 
three-year trial, the victims resided with their families and 
did not require witness protection, although the Zamboanga 
prosecutor's office was prepared to provide it.  The third 
victim decided not to participate in the case. 
 
VICTIMS WERE COLLEGE GRADUATES 
------------------------------ 
 
¶4. (SBU) Unlike many other Filipina trafficking victims, the 
two women who testified in this case were college graduates, 
and one of them had a job at a pharmacy.  However, like other 
victims, they were tempted under false pretenses by the 
prospect of better economic opportunities abroad.  The 
recruiters had offered them $650 a month (30,000 pesos), far 
more than they could hope to earn in Zamboanga in other 
professions.  That these educated women fell prey to 
trafficking reflects not only the powerful allure of overseas 
employment, but also the ongoing shortage of jobs with decent 
pay, even in the relatively prosperous city of Zamboanga. 
 
HOW TO BE SUCCESSFUL IN COURT 
----------------------------- 
 
¶5. (SBU) Zamboanga's Third Assistant City Prosecutor noted 
 
MANILA 00002366  002 OF 002 
 
 
that five key factors contributed to success in this trial. 
With regard to process, close coordination among the various 
justice sectors, as well as awareness of the law among law 
enforcement and prosecution officials, established solid 
grounds for the case to go to trial.  In addition, the 
victims' resolve and courage to pursue their traffickers was 
a key factor in the trial's outcome.  The relatively speedy 
trial took only three years from start to finish, considered 
fast in the Philippines' inefficient justice system, a 
reflection of the prosecution's preparedness and thorough 
presentation of testimonial and documentary evidence. 
Finally, financial assistance through a government program 
enabled the victims to participate in each stage of the trial. 
 
¶6. (SBU) The City of Zamboanga has benefited from U.S. 
government grants to the anti-trafficking NGO Visayan Forum 
Foundation, which operates a halfway house in the city and 
has conducted anti-trafficking training and awareness 
programs with local government partners, including 
prosecutors and port officials.  These programs have 
contributed to an increasing level of awareness within the 
justice system that creates the conditions for successful 
trafficking prosecutions.  There are, at present, three 
ongoing trafficking trials in Zamboanga courts in which the 
prosecutors have rested their cases and the defense is 
presenting arguments.  Prosecutors are hopeful these trials 
will result in more convictions.  Meanwhile, city officials 
are expanding their potential array of legal weapons.  On 
October 16, city officials held a third public hearing on the 
creation of a local ordinance on human trafficking. 
 
KENNEY