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THIRTEENTH CONGRESS OF THE 
) 
6 SEp 19 ?.? -u4 
REPUBLIC OF THE PHILIPPINES 
1 
Third Regular Session 
1 
Senate Bill No. 
L, 
Introduced by SENATOR LUISA “LOI” P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
Prostitution has pernicious effects and destroys our moral fiber. That 
something concrete ought to be done goes without saying. 
While it is true that concerted efforts may not sufficiently and.completely 
eradicate this deleteriously societal menace, a critical review of archaic laws and 
policies should be at hand, if only to put appropriate governmental initiatives in 
their proper perspective. 
Of these many laws up for scrutiny and amendment, repeal of articles 202 
and 341 of the Revised Penal Code is a crucial step. 
These articles, remained untouched for so many years, sadly treat sex 
workers and other individuals, exploited into prostitution as criminal perpetrators 
instead of victims. 
Not only is this perspective misplaced but is clearly morally repugnant and 
abhorrent. It is about time this be critically addressed. 
The proposed measure focuses on this concern. 
It seeks not only 
decriminalize victims in prostitution but more importantly provide for them 
adequate protection by: 
providing for human rights of persons exploited in prostitution; 
engaging local government units and appropriate government 
agencies to curb the same; and 
creating a National Anti-Prostitution Council that will develop a 
program addressing prostitution and various needs of exploited 
persons, among others. 
Through this bill, archaic policies may finally be put to rest, paving the way 
for much more invigorated approach in our campaign against prostitution. 
&i 
g. k c  
UGJGL 
SEN. LUlSA “LOI” 
EJERCITO ESTRADA 


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1 
6 SEP 19 ?C!L(j 
THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
1 
Third Regular Session 
1 
Senate Bill No. 
2465 
Introduced by SENATOR LUISA “LOP’ P. EJERCITO ESTRADA 
AN ACT 
‘ADDRESSING THE SYSTEM OF PROSTITUTION, IMPOSING PENALTIES ON 
ITS PERPETRATORS, PROVIDING PROTECTIVE MEASURES AND 
SUPPORT SERVICES FOR ITS VICTIMS, AND DECRIMINALIZING 
VAGRANCY, REPEALING FOR THE PURPOSE ARTICLES 202 AND 341 OF 
THE REVISED PENAL CODE AND AMENDING R.A. 9208, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress Assembled: 
SECTION 1. 
Short Title. - This Act shall be known as “The Anti- 
prostitution Act of 2006. 
SECTION 2. Declaration of Policies. -The State: 
(a) In accordance with the relevant international instruments, particularly, 
the Universal Declaration.on Human Rights, Convention on the Elimination of All 
Forms of Discrimination Against Women, Convention on the Rights of the Child, 
Convention Against Transnational Organized Crime including its Protocol to 
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and 
Children, and other international human rights instruments of which the 
Philippines is a party, declares its commitment to end the continuing sexual 
exploitation of women, men, and children and all forms of gender-based violence 
by creating an enabling environment where the human rights of women and 
children are promoted, protected, and fulfilled. 
(b) recognizes prostitution as a human rights violation that calls for 
coordinated and sustained response from all agencies of government as well as 
non-governmental organizations that comprehensively addresses the factors that 
perpetuate sexual exploitation. 
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(c) recognizes that women and children are systematically victimized by 
and i n  the system of prostitution and must, t tierefore, b e  given p rotection and 
support by the State, instead of being treated as offenders; 
(d) recognizes that eliminating prostitution is essential for women and 
children to genuinely and meaningfully participate in nation-building; and 
(e) recognizes that the law on vagrancy has outlived its usefulness and 
that vagrants should'be looked upon not as common criminals but as victims of 
their ill circumstance. 
SECTION 3. Definition of Terms. - The following terms are defined for 
purposes of this Act: 
(a) Prostitution - any act, transaction, scheme or design involving the use 
OR EXPLOITATION of a person, whether through the performance of such act 
or mere demonstration thereof, whether woman, man or child, for the sexual 
gratification or pleasure of another i n  exchange for money or checks, profit or 
other consideration, or any act that promotes or facilitates the accomplishment of 
the said act, transaction, scheme or design. 
(b) Person exploited in prosfifufion - refers to a woman, man or child 
used, exploited or employed for another person's sexual gratification or pleasure 
and for the monetary gain or profit of others. 
(c) Child - refers to any person below eighteen (18) years of age or one 
who is over eighteen (18) but is unable to fully take care of or protect 
himself/herself from abuse, neglect, cruelty, exploitation or discrimination 
because of a physical or mental disability or condition. 
(d) Sexual exploitation - refers to the practice by which women are 
sexually subjugated through abuse or violation, either overt or covert, of women's 
sexuality and physical or mental integrity, as a means of achieving power and 
domination, including gratification, financial gain, and advancement. 
(e) Sexual act -.refers to sexual intercourse, including genital-to-genital, 
oral-to-genital, anal-to-genital, or oral-to-anal intercourse or contact, irrsertion of 
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any instrument or object into the genital or anal orifice of any person, bestiality, 
masturbation, sadistic or masochistic abuse, exhibition of the genitals or pubic 
area of any person, and other acts of a sexual nature, whether the same is made 
between persons of the same or opposite sex. 
(f) Establishment - refers to any business or enterprise, including, but not 
limited to, sauna, bath, massage parlor, discotheque, bar, restaurant, resort, 
lodging house, motel, hotel, theater, ship, vessel, cab or taxi, or any other 
vehicle, or any dwelling, house, jail, detention center, structure or building sewing 
as a cover or venue for prostitution, or any group, association or organization that 
engages in prostitution activities. 
(9) Cult - refers to, but not limited to fanatic groups that entice, recruit, and 
condition a ny person to b ecome sexual offerings i n o rganizational rituals o r i n 
other circumstances as part of membership requirements. 
SECTION 4. Acts of Prostitution. - Prostituiion is a crime committed by: 
(a) Any person who gives or delivers money or any other consideration in 
exchange for the actual performance or mere demonstration of a sexual act by a 
person exploited in prostitution, regardless of whether the person giving or 
delivering money or any other consideration is the recipient of such a sexual act; 
(b) any person who is a recipient of a sexual act, whether such a recipient 
has given or delivered money or any other consideration for the procurement of a 
person exploited in prostitution; provided, however, that for purposes of this 
Section, being a recipient shall include persons or crowds before whom a person 
exploited in prostitution has actually performed or merely demonstrated the 
sexual act; 
(c) Any person who offers another for sexual exploitation in exchange for 
money or any other consideration; 
(d) any person who induces, persuades, entices, compels, kidnaps, 
recruits or in any manner procures or causes a person to serve in an 
establishment knowing that the same is involved in prostitution activities or when 
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s/he has reasonable cause to believe that such establishment is involved in said 
activities; 
(e) any person who organizes or arranges travel tours andlor tourism- 
related activities that involve the sexual exploitation of any person or the escort 
services of any person who is expected to perform the sexual acts as defined in 
this Act: 
(f) any person who as part of cult or religious obligation uses, entices, 
recruits, or offers any person as sexual offering or favor to other members of the 
cult or religious organization; 
(9) any person who uses information technology or any form of media for 
the purposes of prostitution; 
(h) any person who derives profit or advantage from any of the prohibited 
acts defined in this Section as owner, operator, manager, head, director, officer 
or agent of the establishment where the prostitution activity takes place, or of the 
establishment serving as a cover or venue for such prostitution activity, or aiding 
another establishment or person involved in any prostitution activity; 
(i) any person who leases, subleases, or in any manner allows the use of 
any dwelling, house, structure, building, land or any other property knowing that 
the lesseekub lessee intends to use or uses it for prostitution activities as 
defined in this Section. For the purposes of this paragraph, the owner of the 
dwelling, house structure, building, land or any other property used for 
prostitution and hidher agent shall be presumed to have knowledge that the 
place is being used or intended to be used or intended to be used for prostitution 
unless slhe disproves it; 
(j) any member of the military or police establishment, or any government 
official or employee, or any person in authority who commits, causes, or 
promotes, facilitates, allows, or tolerates the commission of any of the acts 
defined in this Section, or who, in any manner, provides protection to the 
perpetrators of the said acts. 
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(k) any official or employee of any jail or detention center or any person 
connected thereto who commits, causes, promotes, facilitates, allows or tolerates 
the commission of any of the acts defined in this section upon inmates or who, in 
any manner, provides protection to the perpetrators of the said act. 
For purposes of this Section, it is understood that the prohibited acts of 
prostitution may be committed in any establishment as defined in Section 3(9 
above or in any other place not otherwise mentioned in Section 3(f). 
Furthermore, an attempt to commit any of the acts defined in this Section 
is also prohibited. 
SECTION 5. Persons exploited in Prostitution as victims. - Any woman, 
man or child, regardless of sexual orientation or gender identity, used or 
employed for another person’s sexual gratification, pleasure and/or exploitation 
and for the monetary gain or profit of others, as defined in Section 4 of this Act, 
shall be treated as victims of prostitution. As such, they shall not incur any 
criminal liability under this Act, except those penalized under Section 6 (b) of this 
Act. 
In addition, the consent of the person exploited in prostitution to the 
commission of any of the acts defined in Section 4 of this Act shall not in any way 
exempt the offender from, or mitigate hidher, criminal liability. 
SECTION 6. Penalties and Sanctions. - 
(a) any person found guilty of the acts defined in Section 4 shall suffer the 
penalty of imprisonment of twenty (20) years and a fine of not less than one 
million pesos (PI, 000, 000.00) but not more than two million pesos (P2, 000, 
000.00); 
(b) any person guilty of the acts defined in Section 4 who is also exploited 
in prostitution or had been exploited in prostitution shall suffer the penalty of 
imprisonment of ten (IO) years for the first offence and fifteen (15) years for the 
succeeding violations and a fine of not less than five hundred thousand pesos 
(P500, 
000.00) but not more than one million pesos (PI, 000, 000.00); 
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(c) any person guilty of attempting to commit any of the prohibited acts 
shall suffer the penaltyof imprisonment of fifteen (15) years and a fine of not less 
than five hundred thousand pesos (P500, 000.00) but not more than one million 
pesos (PI, 000,000.00); 
(d) when the offender is any establishment as defined in this Act, the 
penalty shall be imposed upon the owner and operator or manager, or the 
directors and officers, or the responsible officers or agents of the establishment, 
corporation, partnership, or association found to be engaged in any of the acts 
defined in Section 4 of this act. 
In addition, the establishment, corporation, partnership or association shall 
be immediately closed and its registration and/or license to operate shall be 
revoked. A sign with the words ”off limits” shall be conspicuously displayed 
outside the establishment by the Department of Social Welfare and Development 
for such period as the Department may determine which shall not be less than 
one year. The unauthorized removal of such sign shall be punishable by 
imprisonment of six months. 
(e) when the offender is a foreigner, s/he shall be deported immediately 
after service of sentence and permanently barred from entry into the country; 
(f) any person found guilty of committing or attempting to commit any of 
the prohibited acts under Section 4 shall, in addition to the penalties stated in this 
section, undergo, counseling, rehabilitation and mandatory education on the 
human rights situation of victims of prostitution with DSDW for a period of not 
less than three (3) months but not longer than one (1) year with the DSWD. The 
DSWD shall submit to the court a report on the rehabifitation of the offender. 
SECTION 7. 
Civil liabilitv for Drostitution. - Persons exploited in 
prostitution may file i ndependent civil cases for d amages a gainst the persons, 
natural or juridical, responsible for their exploitation. 
Provinces, cities and municipalities shall be liable for damages, in addition 
to any other criminal or administrative iability under existing laws, to persons 
exploited in prostitution when it is proven that the responsible authorities had 
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knowledge or were informed of the activities constituting prostitution but did not 
take proper action within a reasonable period of time. 
For purposes of this 
Section, the responsible authorities shall be deemed to have knowledge of the 
prostitution activities when the same are common knowledge in the community. 
SECTION 8. Prosecution of Cases. - Any person who has personal 
knowledge of the commission of any offense under this Act, or the person 
exploited in prostitution, the parents, spouse, siblings, children or legal guardian, 
or the law enforcement agencies, or the Task Force created under this Act may 
file a complaint for prostitution. 
SECTION 9. Immunity of clovernment and DSWD-accredited NGOs from 
undue interference. - Members of the National Anti-Prostitution Council and 
DSWD-accredited non-governmental organizations that are involved in the 
implementation of anti-prostitution programs are granted immunity from suit and 
other legal proceeding in connection with the enforcement of said programs. 
SECTION IO. Venue. - A criminal action arising from a violation of this 
Act shall be filed where the offense was committed, or where any of its elements 
occurred, or where the person exploited in prostitution actually resides at the time 
of the commission of the offense; provided, that the court where the criminal 
action is first filed shall acquire jurisdiction to the exclusion of other courts. 
SECTION 11. Prescriptive Period. - Cases under this Act shall prescribe 
in TWENTY (20) years. The prescriptive period shall commence to run from the 
day on which the person exploited in prostitution is delivered or released from the 
situation of exploitation and shall be interrupted by the filing of the complaint or 
information and shall commence to run again when such proceedings terminate 
without the accused being convicted or acquitted or are unjustifiably stopped for 
any reason not imputable to the accused. 
SECTION 12. Exemption from filing fees. -When the victim of prostitution 
insitutes a separate civil action from the recovery of civil damages, s/he shall be 
exempt from the payment of filing fees. 
SECTION 13. Confiscation and forfeiture of the proceeds and instruments 
derive,d from prostitution.- In addition to the penalty imposed for the violation of 
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this Act, the Court shall order the confiscation and forfeiture, in favor of the 
government, of all the proceeds and properties derived from the commission of 
the crime, unless they are the property of a third person not liable for the unlawful 
act: provided, however, that all awards for damages shall be taken from the 
personal and separate properties of the offender: provided, further, that if such 
properties are insufficient, the balance shall be taken from the confiscated and 
forfeited properties. 
When the proceeds, properties and instruments of the offense has been 
destroyed, diminished in value or otherwise rendered worthless by any act or 
omission, directly or indirectly, of the offender, or it has been concealed, 
removed, converted or transferred to prevent the same from being found or to 
avoid forfeiture or confiscation, the offender shall be ordered to pay the amount 
equal to the value of the proceeds, property or instruments of the offense. 
Section 14. Trusf Fund. - All fines imposed under this Act and the 
proceeds and properties forfeited and confiscated pursuant to Section 12 hereof 
shall accrue to a Trust Fund to be administered by the Council to be used 
exclusively for programs that will prevent prostitution and protect, heal and 
reintegrate prostituted persons into the mainstream of society. Such programs 
shall include but not limited to those provided for under Section 20 of this Act. 
SECTION 15. Human riqhts of persons exploited in prostitution. - 
Persons exploited in prostitution have human rights that must be respected, 
protected and p romoted by a II b ranches, agencies a nd i nstrumentalities of the 
government in law enforcement drives, criminal prosecution, civil suits, service 
provision, and program development and implementation. These rights include, 
but are not limited to: 
(a) the right to be treated as human beings; 
(b) the right to dignity and security of person; 
(c) the right against any form of discrimination; 
(d) the right to equal protection of the law; 
(e) the right to be protected from abuse and exploitation; 
(f)'the right to seek redress for violations of their rights and to 
(g) the right to fair and humane treatment; 
have their complaints appropriately addressed: 
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(h) the right to sensitiveand appropriate legal, health, and 
other social services; 
(I) the right to organize themselves and fight for their 
(j) the right to be consulted on any governmental initiative 
legitimate concerns; and 
affecting them. 
Persons exploited in prostitution shall not be detained on the occasion of 
on by reason of a raid or in the name of law enforcement. There shall be at least 
one social worker or one representative from a non-governmental organization 
known to be working with women exploited in prostitution present during raids. 
During raids of establishment, and at any stage of the investigation, 
prosecution and trial of complaints for violation of this Act, law enforcers, 
prosecutors and judges shall not disclose to the public the name, personal 
circumstances and other information that will establish the identity of the person 
exploited in prostitution, unless the latter consents thereto in writing. 
It shall also be the duty of law enforcers to ensure that persons exploited 
in prostitution are not exposed to the media on the occasion of a raid. Law 
enforcers who allow or facilitate the exposure to the media of persons exploited 
in prostitution shall suffer the penalty of six (6) months imprisonment, without 
prejudice to the filing of other criminal, civil and administrative charges under 
applicable laws. 
SECTION 16. Confidentiality.- 
It shall be the responsibility of any 
journalist, reporter, editor, publisher or producer of print and broadcast media to 
protect the identity and privacy of persons exploited in prostitution, most 
particularly on the occasion of a raid or rescue operation. Any journalist, reporter, 
editor, publisher or producer of print and broadcast media who exposes to the 
public the identity of any person exploited in prostitution without her or his 
consent thereto in writing, or causes the'publication of any picture or video that 
violates the dignity and other human rights of the person exploited in prostitution, 
shall suffer the penalty of imprisonment of six (6) years and a fine of not less than 
Five hundred thousand pesos (P500,OOO.OO) but not more than One million' 
pesos (Pl,OOO,OOO.OO). In addition, the owner'or publisher of the print or 
broadcast media found guilty of the violation shall pay a fine of five hundred 
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thousand pesos (P500, 000.00). This shall be without prejudice to the right of 
persons exploited in prostitution to file a civil action for damages for the violation 
of their human rights or for any injury caused them by the publication. 
SECTION 17. Entrapment Drohibited. - Law enforcers shall not use 
entrapment as a method in law enforcement activities when the same will involve 
the sexual exploitation of persons as defined in Section 3(b) of this Act. A law 
enforcement officer who resorts to this method shall suffer the penalty of eight (8) 
years imprisonment. 
SECTION 18. Requirements for hotels. motels and lodqinq houses. - 
Notwithstanding any legislation, ordinance or rule to the contrary, every hotel, 
motel or lodging area shall: 
(a) maintain a reception and registration area for guests and patrons that 
(b) maintain open garages, or those that do not have doors or any closing 
(c) maintain good lighting in all its entrances, exists, driveways and 
is readily within the public view; 
mechanism; 
garages. 
No hotel, motel or lodging house shall be allowed to operate in any part of 
the Philippines without complying with the preceding requirements. 
For the purpose of this Section, hotels, motels and lodging houses already 
operating shall have six (6) months from the effectivity of this Act to comply with 
this provision. Failure of any hotel, motel and lodging house to comply with this 
Section shall result in the cancellation of their license or permit to operate. 
SECTION 19. 
Responsibilities of local qovernment unites in anti- 
prostitution efforts. - Local government units shall exercise their. powers to curb 
prostitution within their respective jurisdictions. It shall be unlawful for any local 
government unit to issue licenses or permits for the operation of any 
establishment that is used or intended to be used for any prostitution activity. 
Any such license or permit already issued prior to the effectivity of this Act shall 
be deemed automatically revoked or cancelled and shall not be renewed. 
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Their responsibility shall include conducting public information campaign 
against prostitution, carrying out rescue operations and ensuring the safety or 
security of victims'of prostitution. 
Local government units may employ elements of the National Bureau of 
Investigation (NBI) or the Philippine National Police (PNP) as provided for under 
Republic Act No. 6975, as amended by Republic Act No. 8551. 
The national government shall ensure that local government units 
conscientiously engage in anti-prostitution activities, provide support for the 
same, and intervene when necessary. 
SECTION 20. The National Anti-Prostitution Council. - There shall be a 
National Anti-Prostitution Council composed of the Department of Social Welfare 
as the lead agency and shall have as members the following: 
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(a) Department of Social Welfare and Development (DSWD) as lead 
(b) National Commission on the Role of Filipino Women 1NCRFW) 
(c) Department of Labor and Employment (DOLE) 
(d) Technical Education and Skills Development Authority (JESDA) 
(e) National Economic Development Authority (NEDA) 
(f) Department of Health (DOH) 
(9) Department of Interior and Local Government (DILG) 
(h) Department of Justice (DOJ) 
(i) Department of Tourism (DOT) 
(j) National Bureau of Investigation (NBI) 
(k) Philippine National Police (PNP) 
(I) three (3) non-government organizations (NGOs) to be selected by 
(n) three (3) representatives of persons exploited in prostitution 
agency 
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NGOs providing support services to victims of prostitution 
The National Anti-Prostitution Council shall . perform the following 
Functions: 
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i. develop a program addressing prostitution and the needs of persons 
exploited in prostitution and those vulnerable to be exploited in prostitution. The 
program shall include public information and education campaign against 
prostitution, crisis intervention 'service, education assistance, socio-economic 
assistance such as sustainable livelihood skills training and financial support for 
scale businesses, and integration and complete after-care programs for persons 
exploited in prostitution, among others; 
ii. identify and, if necessary, create centers in strategic places all over the 
Philippines that will provide health services, including counseling and therapy, 
temporary shelter and other crisis intervention services to persons exploited in 
prostitution. The rape c risis centers e stablished under Republic Act N 0. 8505 
and the ,hospital-based protection units for women and children may also serve 
as centers servicing persons exploited in prostitution. Each center shall establish 
a network of health care and other service providers to address the needs of 
persons exploited in prostitution; 
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iii. ensure that units are created or identified within relevant government 
agencies, particularly those composing the Council, that shall focus on 
addressing prostitution and the needs of persons exploited in prostitution. This 
shall include units within the National Prosecution Service Offices in local 
government units that shall specifically focus on the prosecution of offenders 
under this Act; 
iv. ensure that relevant government agencies work in close coordination 
with each other in addressing prostitution and the needs of persons exploited in 
prostitution; 
v. develop and implement a training program for law enforcers, public 
prosecutors, judges, government lawyers, .government health care providers, 
social workers and barangay officials that aims to increase their understanding of 
prostitution as a system, and equip them with the perspective and skills to 
appropriately address the needs of persons exploited in prostitution, respect, 
protect and promote their human rights, and pursue the prosecution of offenders; 
vi. ensure that local counterparts of the council are created in every 
municipality, city and province: 
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vii. undertake and lead the prosecution of any violation of this Act; and 
viii. promulgate, when necessary, rules and regulations for the effective 
implementation and enforcement of this Act. 
ix. continuously conduct surveillance and monitor establishments to 
prevent prostitution. They shall promptly investigate any establishment suspected 
to be engaged in prostitution and shall take appropriate measures, in 
coordination with the local government unit concerned and other relevant 
government agencies, for the speedy prosecution of the offenders. 
x. undertake corrective and enforcement measures to stop activities in 
tourism constituting, promoting or facilitating prostitution in consultation with 
government agencies and non-governmental organizations (NGOs) working for 
the elimination of prostitution. 
Section 21. Mandatorv services to victims of piostitution. - To ensure 
healing, recovery, rehabilitation and reintegration into the mainstream of society, 
concerned government agencies, particularly the members of the Council, shall 
make available the following services to trafficked persons: 
(a) Counselling; 
(b) Free legal services which shall include information about the victim's 
rights, the procedure for filing complaints, claiming compensation and 
other legal remedies to them; 
(c) Emergency shelter or appropriate housing; 
(d) Medical or psychological services; 
(e) Livelihood and skills training; and 
SECTION 22. Amropriations. - The amount necessary to carry out the 
provisions of this Act is hereby authorized to be appropriated in' the General 
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Appropriations Act of the year following the enactment of this law and every year 
thereafter. 
All local government units are likewise mandated to allot not less than five 
percent (5%) of their gender and development (GAD) budget and not less than 
five percent (5%) of the local developme,nt fund of local government units (LGUs) 
for programs, projects and activities aimed to control prostitution activities within 
their jurisdiction, including the development and conduct of deterrent information 
campaigns directed to potential and actual buyers of prostitution sex. 
Section 23. - Implementing Rules and Regulations. - The Council shall 
promulgate the necessary implementing rules and regulation within sixty (60) 
days from the effectivity of this Act. 
SECTION 24. Separabilitv Clause. - If any provision of this,Act is 
declared invalid or unconstitutional. the remaining provisions not affected thereby 
shall continue in full force and effect. 
SECTION 25. Repealinq Clause. - Articles 202 and 341 of the Revised 
Penal Code ate hereby repealed. All other laws, decrees, ordinances and rules 
inconsistent with the 'provisions of this Act are hereby modified or repealed 
accordingly. 
SECTION 26. Effectivity Clause. - This Act shall take effect upon 
completion of its publication in at least two (2) national newspapers of general 
circulation. 
Approved, 
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