———___
HOUSE \F REPRESENTATIVES
RECEIVED

DATE _D5 Jil pif
SEVENTEENTH CONGRESS See

CONGRESS OF THE PHILIPPINES TN ee
First Regular Session BY: THEG
HOUSE OF REPRESENTATIVES

1172 | REGISTRATION UNIT

& BILLS AND INDEX SERVICE

Introduced by REPRESENTATIVE PIA S, CAYETANO.

House Bill No.

EXPLANATORY NOTE

The Philippine Constitution provides that "the State values the dignity of every
human person and guarantees full respect for human rights." This is likewise
guaranteed in the Convention on the Elimination of all Forms of Discrimination
Against Women (CEDAW) to which the Philippines is a signatory

Prostitution, defined as any act involving the use of a person for sexual
gratification, pleasure or exploitation, or any act that promotes the latter, is a massive
problem in our country. From 400,000-500,000 prostituted persons in the country in
1998, this figure has escalated to a staggering 800,000 prostituted persons in 2009,
half of whom are children.’

With 25.2% families* living below the poverty line, poverty is often cited as the
primary reason why some people choose to engage in prostitution. It forces some
persons to seek any means to survive ~ even if it means allowing themselves to be
abused and their lives to be endangered. Whether voluntary or involuntary, we
cannot deny that this system uses, oppresses, and violates the rights of persons
exploited in prostitution, particularly, women and children.

This measure, which was left pending in the past three Congresses, was first
introduced by Sen, Miriam Defensor-Santiago in the 14" Congress,

It seeks to address the root of the problem by shifting the accountability of
prostitution from the prostituted person to the exploiters, including the traffickers,
pimps, brothel owners, organized crime members, and corrupt officials.

The bill likewise seeks to change the public perception and treatment of
persons exploited in prostitution as victims of the system and not as criminals. It
provides for mechanisms to ensure that the human rights of prostituted persons are
upheld, and for them to be extracted out of the system and reintegrated into society
through rehabilitation programs

' Philippine Commission on Women (n.d.) Enacting the Anti-Prostinition Law (Amending Articles 202 and 341
of the Revised Penal Code). Retrieved fom http://pew.gov.phivy stitution

* Philippine Statistics Agency (National Statistics Office) (nd) Poverty Incidence for Basie Sectors, 2006, 2009
and 2012 (as of 4 July 2014). Retrieved from <huipii/www.nseb.gov.phipoverty>


Today, the number of persons exploited in prostitution is approaching the
millionth mark. Let us not wait for this number to grow even more, Let us not wait for
the day when we outrank all the other nations with the most number of prostitutes.
Let us not wait for the day when our country will be recognized as the "Haven of
Prostitution”

Let us uphold the dignity and the rights of all men, women and children involved
in prostitution

It is for these reasons that | earnestly seek the approval of this bill

ps £
PIA S. CAYRJTANO:


SEVENTEENTH CONGRESS
CONGRESS OF THE PHILIPPINES
First Regular Session
HOUSE OF REPRESENTATIVES.

6
House Bill No. LAV2

introduced by REPRESENTATIVE PIA S. CAYETANO

AN ACT
ADDRESSING THE SYSTEM OF PROSTITUTION, IMPOSING PENALTIES ON
ITS PERPETRATORS, PROVIDING PROTECTIVE MEASURES AND SUPPORT
SERVICES FOR ITS VICTIMS, REPEALING FOR THE PURPOSE ARTICLES 202
AND 341 OF THE PENAL CODE

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

SECTION 4. Short Title. - This Act shall be known as "The Anti-Prostitution Act.”

SEC. 2. Declaration of policies. - The State:

(a) Declares its commitment to end the continuing sexual exploitation of
women, men and children, and all forms of gender-based violence;

() Recognizes prostitution as a human rights violation that calls for
coordinated and sustained response from all agencies of government:

(c) Recognizes that women and children are systematically victimized by, and
in, the system of prostitution and must therefore be given protection and
support by the State, instead of being treated as criminals; and

(d) Recognizes that eliminating prostitution is essential for women and

children to genuinely and meaningfully participate in nation-building.

SEC. 3. Definition of Terms. - For the purposes of this Act, the term:

(a) “Prostitution” means any act, transaction, scheme or design involving
the use or exploitation of another person, whether woman, man or child, for
the sexual gratification or pleasure of another in exchange for cash, profit or

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other consideration, or any act that promotes or facilitates the
accomplishment of the said act, transaction, scheme or design.

(b) “Person exploited in prostitution” means a woman, man or child used,
employed or exploited for another person's sexual gratification or pleasure,
and for the monetary gain or profit of others, as defined in Section 4 of this
Act.

(0) “Child” means 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” means the participation or engagement of a person
for any sexual act in exchange for cash, profit or other consideration as a
result of being subjected to a threat, deception, coercion, abduction, force,
abuse of authority, debt bondage, fraud or through abuse of his/her
vulnerability.

(e) “Sexual Act” means sexual intercourse, including genital-to-genital, oral-
to-genital, anal-to-genital, or oral-to-anal intercourse or contact, 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.

() “Establishment” means any business, enterprise or establishment,
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, structure or building serving
as a cover or venue for prostitution, or any group, association or organization
that engages in prostitution activities as defined in Section 4 of this Act.

(g) “Cult” refers to, but not limited to, fanatic groups that entice, recruit or
condition any person to become sexual offerings in organizational rituals or in
other circumstances as part of membership requirement

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SEC. 4, Punishable Acts. -Prostitution 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 sexual
act;

(b) Any person who is the recipient of a sexual act as defined in Section 3(e) of
this 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, a recipient shall include
any person or persons or a crowd with whom a person exploited in

prostitution has actually performed or merely demonstrated such a sexual act;

(©) Any person who offers another person 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 he/she has
reasonable cause to believe that such establishment is involved in the said
activities;

(e) Any person who uses information technology or any form of media for the
purpose of prostitution;

(f) Any person who organizes or arranges travel tours and/or 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 act;


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(g) Any person who, as a 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;

(h) Any official or employee of any jall 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;

(i) 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 any prostitution activity defined in this
Section takes place, or of the establishment serving as a cover for any such
prostitution activity, or who aids 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 properly knowing that
the lessee/sub lessee intends to use or uses it for prostitution activities, as
defined in this Section. For the purpose of this paragraph, the owner of the
dwelling, house structure, building, land or any other property used for
prostitution and his/her agent shall be presumed to have knowledge that the
place is being used or intended to be used for prostitution unless he/she
disproves it;

(k) 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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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(f) 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

SEC. 5. Person Exploited in Prostitution as Victims. - Any woman, man or child
used, or employed for, another person’s sexual gratification, pleasure 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 to the extent referred to under Section 6 (b) hereof.

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, his/her criminal liability

SEC. 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 (P1,000,000.00) 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 (10) years for the first offense 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 (P1,000,000.00);

(©) Any person guilty of attempting to commit any of the prohibited acts shall
suffer the penalty of 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 (P1, 000, 000.00);


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(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 andjor 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
(DSWD) for such period as the Department may determine which shall not be
less than one (1) year. The unauthorized removal of such sign shall be
punishable by imprisonment of six (6) months;

(e) When the offender is @ foreigner, he or she shall be deported immediately

after service of sentence and permanently barred from entry into the country;

() Any person found guilty of committing of 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 DSWD or its accredited
NGO for a period of not less than three (3) months but not longer than one (1)
year, The DSWD shall submit to the court a report on the rehabilitation of the
offender.

SEC. 7. Civil Liability for Prostitution. - Persons exploited in prostitution may file
independent civil cases for damages against 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 liability under existing laws, to persons exploited
in prostitution when it is proven that the responsible authorities had 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

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authorities shall be deemed to have knowledge of the production activities when the

same are of common knowledge in the community

SEC. 8. Prosecution of Cases. - The person exploited in prostitution, his/her
parents, spouse, siblings, children or legal guardian, law enforcement agencies, or
the Inter-Agency Council Against Trafficking and Prostitution (IACATP) created
under this Act or any person who has personal knowledge of the commission of any
offense under this Act, may file a complaint for prostitution

SEC. 9. 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.

SEC. 10. 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. It
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.

SEC. 11. Exemption from Filing Fees. - When the victim of prostitution institutes a
separate civil action, he or she shall be exempt from the payment of filing fees.

SEC. 12. Confiscation and Forfeiture of the Proceeds and Instruments Derived
from Prostitution. - In addition to the penalty imposed for the violation of 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.
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When the proceeds, properties and instruments of the offense have 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.

SEC. 13. Trust Fund. - All fines imposed under this Act and the proceeds and the
properties forfeited and confiscated pursuant to Section 12 hereof, shall accrue to a
Trust Fund to be administered by the |ACATP 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 are not limited to,
those provided for under Section 19 sub-paragraph (1) of this Act.

SEC. 14, Human Rights of Persons Exploited in Prostitution. - Persons exploited
in prostitution have human rights that must be respected, protected and promoted by
all branches, agencies and instrumentalities 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 or exploitation,

(f) The right to seek redress for violations of their rights and to have their
complaints appropriately addressed;

(g) The right to fair and humane treatment;

(h) The right to sensitive and appropriate legal, health, and other social
services;

(i) The right to organize themselves and fight for their legitimate concerns;
and

() The right to be consulted on any government initiative affecting them

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Persons exploited in prostitution shall not be detained on the occasion of, or
by reason of, a raid, or in the name of law enforcement. There shall be at least one
(1) social worker or one (1) representative from a non-governmental organization
(NGO) 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 the 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.

SEC. 15. Confidentiality. - |t 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 one (1) year imprisonment. In
addition, the owner or publisher of the print or broadcast media found guilty of the
violation shall pay a fine of Five Hundred 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

SEC. 16. Entrapment Prohibited. - Law enforcers shall not use entrapment as a
method in law enforcement activities when the same will involve the sexual

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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

SEC. 17. Requirements for Hotels. Motels and Lodging 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 is
readily within the public view;

(b) Maintain open garages, or those that do not have doors or any closing
mechanism; and

(c) Maintain good lighting in all its entrances, exists, driveways and 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, mote! and lodging house to comply with this Section
shall result in the cancellation of their license or permit to operate.

SEC. 18. Mechanisms for Implementation and Monitoring. - To effectively
implement and monitor the provisions of this Act, the Inter-Agency Council Against
Trafficking (|ACAT) created under Republic Act No. 9208 or the Anti-Trafficking in
Persons Act of 2003, shall be expanded and renamed as the Inter-Agency Council
Against Trafficking and Prostitution (|ACATP)

The Secretary of Department of Justice (DOJ) will continue to serve as the
Chairperson and the Secretary of DSWD as Co-Chairperson. The membership of
the IACAT shall be amended to include the following
(a) Secretary, Department of the Interior and Local Government

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(b) Secretary, Department of Health

(c) Secretary, Department of Tourism

(d) Director, National Bureau of Investigation

(€) Director General, Technical Education and Skills Development Authority
(f) Additional NGO Representative of persons exploited in prostitution

SEC. 19. Functions of the IACATP. - The following additional functions shall be
performed by the [ACATP:

(1) 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
small-scale businesses, and integration and complete after-care programs for
persons exploited in prostitution, among others;

(2) 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 crisis centers established under Republic Act No. 8505 and the
hospital-based prosecution 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;

(3) Ensure that units are created or identified within relevant government
agencies, particularly those composing the IACATP, that shall focus on addressing
prostitution and the needs of persons exploited in prostitution

This shalll include units within the National Prosecution Service Offices in local
government units (LGUs) that shall specifically focus on the prosecution of offenders
under this Act;

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(4) Ensure that relevant government agencies work in close coordination with
each other in addressing prostitution and the needs of persons exploited in
prostitution;

(5) 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;

(6) Ensure that local counterparts of the IACATP are created in every
municipality, city and provinces;

(7) Undertake to lead the prosecution of any violation of this Act; and

(8) Promulgate, when necessary, rules and regulations for the effective
implementation and enforcement of this Act

SEC. 20. Responsibilities of Local Government Agencies in Anti-prostitution
Efforts. - Local government units (LGUs) shall exercise their powers to curb
prostitution within their respective jurisdictions. LGUs shall create a local |ACATP
that shall combat and prevent any act of prostitution in their area, The local IACATP
shall be responsible for the monitoring and documentation of cases on prostitution
within their areas of jurisdiction and shall submit an annual report to the national
IACATP. If a local committee dealing with issues related to prostitution such as
trafficking and violence against women and children had already been established,
the LGU shall ensure that programs and services for prostituted persons are
integrated in the plan of action of the said committee. It shall be unlawful for any
LGU 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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Other responsibilities of LGUs shall include conducting public information
campaign against prostitution, carrying out rescue operations and ensuring the
safety or secutity of victims of prostitution. They 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. 855

SEC, 21. Immunity of Government and DSWD-Accredited NGOs from Undue
Interference.- Members of the national and local |ACATP and DSWD-accredited
NGOs that are involved in the implementation of anti-prostitution programs are
granted immunity from suit and other legal proceedings in connection with the
enforcement of said programs.

SEC. 22. Appropriations. - The amount necessary to carry out the provisions of this
Act is hereby authorized to be appropriated in the General Appropriations Act of the
year following the enactment of this law and every year thereafter. All LGUs 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
development fund of LGUs for programs, project and activities aimed to control and
eliminate prostitution activities within their jurisdiction, including the development and
conduct of deterrent information campaigns directed to potential and actual buyers of
prostitution sex

SEC. 23, Separability Clause. - \f any provision of this Act is declared invalid or
unconstitutional, the remaining provisions shall not be affected thereby and shall
continue to be in full force.

SEC. 24. Suppletory Application. - The provisions of Republic Act No. 9208 or the
Anti-Trafficking in Persons Act shall have suppletory application to this Act

SEC. 26, Repealing Clause. - Article 202 and 341 of the Revised Penal Code are
hereby repealed. Alll other laws, decrees, ordinances and rules inconsistent with the
provisions of this Act are hereby modified or repealed accordingly.