FOURTEENTH CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
) 
SENATE 
S.B. No. 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
This bill seeks to make the crime of vagrancy more relevant to present conditions 
by amending the enumeration of persons that may be found guilty committing the 
same and to remove the discrimination against gender in so far as defining what is 
prostitution is by broadening its meaning to include all persons, amending for the 
purpose Article 202 of the Revised Penal Code. 
Article 202 of the Revised Penal Code defines vagrants in the form of 
enumeration, to wit: 
1. Any person having no apparent means of subsistence, who has the physical ability to 
uiork and who neglects to apply himselfor herselfto some la~ufil calling; 
2. 
Any person found loitering about public or semi-public buildings or places or 
tramping or wondering about the county or the streets z~lifhout visible means of 
support; 
Any idle or dissolute person who lodges in house of ill-fame; ruflans or pimps and 
those who habitually associate with prostitutes; 
4. Any person zuho, not being included in the provisions of other articles of this Code, 
shall be found loitering in any inhabited or uninhabited place belonging to another 
without any lazuful or justifiable purpose; 
3. 
5. Prostitutes 
According to the March 2001 article published in the website of Amnesty 
International entitled "PHILIPPINES: Fear, shame and impunity: Rape and sexual abuse of 
women in custody", there had been calls for the repeal of the anti-vagrancy law on the 
basis that it discriminates'against the poor and is used to penalize those who are 
homeless or without any visible means of subsistence. Also, the law has been used in a 
way which discriminates on the basis of gender. Women's groups report that while 
women, particularly suspected prostitutes, are routinely arrested under the law, it is 
never or rarely used against suspected male offenders, such as men who use prostitutes. 
In 1997 the United Nations Committee on the Elimination of Discrimination Against 
Women also criticized the discriminatory application of the law, noting that it was 
enforced against female sex workers but not against men involved as traffickers, pimps 
or clients. Amnesty International is concerned that the anti-vagrancy law has been used 
as a pretext for arbitrary arrest and detention. The organization is particularly 


concerned that the vague wording of the law leaves it open to abuse by law 
enforcement officials. 
, Indeed, instead of addressing the issue of poverty through positive actions in the 
form of policies and regulations that would address their basic needs, the State is 
penalizing, poor people through the anti-vagrancy law. 
This bill aims to remedy such situation by removing anti-poor provisions of 
Article 202 of the Revised Penal Code. 
Likewise, this proposed measure removes the discrimination against gender in 
so far as defining who prostitutes are under the law. Under this bill, prostitution is 
defined as persons, no longer just women as contained in the present law, who, for 
money or profit, habitually indulge in sexual intercourse or lascivious conduct. 
In view of the foregoing, immediate passage of this bill is earnestly requested. - 
- -TORE 
EGARDA 
Senator 


FOURTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
a 
S.B. No. 
Introduced by Senator Loren Legarda 
AN ACT 
DECRIMINALIZING CERTAIN ACTS OF VAGRANCY AMENDING FOR THE 
PURPOSE ARTICLE TWO HUNDERD TWO OF ACT NO. 3815 AS AMENDED, 
OTHERWISE KNOWN AS THE REVISED PENAL CODE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress Assembled: 
SECTION 1. Article 202 of the Revised Penal Code is hereby amended to read as 
foiiows: 
"Article 202. Vagrants and prostitutes; Penalty. - The following are vagrants: 
[l. 
Any person having no apparent means of subsistence, who has the 
physical ability to work and who neglects to apply himself or herself to 
some lawful calling;] 
[2. 
Any person found loitering about public or semi-public buildings 
or places or tramping or wondering about the country or the streets 
without visible means of support;] 
[3.] 1. Any idle or dissolute person who lodges in house of ill-fame; 
ruffians or pimps and those who habitually associate with prostitutes; 
AND 
[4. 
Any person who, not being included in the provisions of other 
articles of this Code, shall be found loitering in any inhabited or 
uninhabited place belonging to another without any lawful or justifiable 
purpose;] 
[5.] 2. Prostitutes. 
For [the] purpose of this article, [women] PERSONS who, for money or 
profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed 
to be prostitutes. 
Any person found guilty of [any] [of] the offense[s] IN PARAGRAPH 1 
[covered by] OF this article shall be punished by arrest0 menor or a fine not 


exceeding [200] 100,000 pesos, OR BOTH, AT THE DISCRETION OF THE 
COURT, and in case of recidivism, by arvesfo mayor in its medium period to 
prison correctional in its minimum period or a fine ranging from [200] 100,000 to 
[2,000] 200,000 pesos, or both in the discretion of the court.” 
ANY PERSON FOUND GUILTY UNDER PARAGRAPH TWO OF 
THIS ARTICLE SHALL BE PUNISHED WITH A FINE NOT EXCEEDING 
ONE HUNDRED THOUSAND PESOS (PlOO,OOO.OO). 
SECTION 2. Effect on Pending Cases. - All pending cases under the repealed 
provisions of Article 202 of the Revised Penal Code as amended by this Act shall be 
dismissed upon the effectivity of this measure. 
SECTION 3. Immediate Release of Convicted Persons. - All persons serving 
sentence for violation of the repealed provisions of Article 202 of the Revised Penal 
Code as amended by this Act, shall be immediately released provided that they are not 
serving sentence or detained for any other case. 
SECTION 4. Repealing Clause. All laws, presidential decrees, executive orders, 
presidential proclamation, rules and regulations or parts thereof contrary to or 
inconsistent with this Act are hereby repealed or modified accordingly. 
SECTION 5.’ Separability Clause. If any provision of this Act is declared 
unconstitutional, the same shall not effect the validity and effectivity of the other 
provisions hereof. 
SECTION 6. Effectivity. This Act shall take effect fifteen (15) days after its 
complete publication in two (2) newspapers of general circulation. 
Approved,