Aling Maria received an urgent telephone call from Junior, her eldest son, asking for P2,000.00 to complete his semestral tuition fees preparatory to his final exams in Commerce. Distressed and disturbed, she borrowed money from her compadre Mang Juan with the assurance to pay him within 2 months. Two months lapsed but Aling Maria failed to settle her obligation. Mang Juan told Aling Maria that she does not have to pay the loan if she will allow her youngest 10-year old daughter Annie to work as a housemaid in his house for 2 months at P1,000.00 a month. Despite Aling Maria’s objection, Mang Juan insisted and brought Annie to his house to work as a maid.
1. Was a crime committed by Mang Juan when he brought Annie to his house as maid for the purpose of repaying her mother’s loan? 2.5%
2. If Aling Maria herself was made to work as a housemaid in Mang Juan’s household to pay her loan, did he commit a crime? 2.5%
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XVII.
1.
Mang Juan committed exploitation of child labor, a form of slavery and servitude. This crime is committed by anyone who, under the pretext of reimbursing himself of a debt incurred by an ascendant entrusted with the custody of a minor, shall, against the latter’s will, retain him in his service. Mang Juan likewise committed child abuse punished under Republic Act 7610.
2.
Mang Juan would commit the crime of services rendered under compulsion in payment of debt, another form of slavery and servitude. This crime is committed by any person who, in order to require or enforce payment of a debt, shall compel the debtor to work for him, against his or her will, as household servant.
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