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.THIRTEENTH CONGRESS OF THE REPUBLIC ) 
First Regular Session 
OF THE PHILIPPINES 
'0 JU1. 14 i-' 3 :1 8 
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SENATE 
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RF' : 
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S. B. NO. 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The State subscribes to the view that discrimination against women is 
incompatible with human dignity and constitutes disrespect for human rights. In fact, the 
constitution, Article 2, Section 14 provides: 
"The State recognizes the role of women in nation building and 
shall ensure the hndamental equality before the law of women and men." 
Towards this end, there is a need to review and consequently amend existing laws 
which are contrary to this fbndamental principle to remove unjustified gender 
discrimination in our legal system. 
The Penal Code, Article 202, which penalizes vagrancy and prostitution, is one of 
these. While men also engage in prostitution, it is unfortunate that only women are 
penalized in this article. 
The proposed measure seeks to address this by engendering the offense so as to 
allow the prosecution of male prostitutes. 
This bill is a consolidation of related bills submitted during the Tenth Congress 
before the committee on constitutional Amendments, Revision of Codes and Laws, of. 
which the undersigned chaired. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHLLIPPINES 
1 
‘02 $I.\!- 1 /I /’ 3 ’1 8 
First Regular Session 
) 
ci 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDJNG ARTICLE 202 NO. 5 OF THE PENAL CODE, DEGENDERJZING 
PROSTITUTION AND PROVIDING PENALITES FOR PERSONS WHO 
ENGAGE THEIR SERVICES 
Be it enacted by the Senate and House of Repvesentutives of the Philippines in Congfe~s 
assembled 
SECTION 1. This Act shall be known as the ‘Solicitation Act.” 
SECTION 2. Paragraph 5, Article 202 of the Penal code is hereby amended to 
read as follows: 
“5. 
Prostitutes [.I AND THEIR CLIENTS. 
“For the purposes .of this article, PERSONS [women] who, for 
money or profit, habitually indulge in sexual intercourse or lascivious 
conduct are deemed to be prostitutes. 
“PERSONS WHO ACTUALLY SOLICIT, ENGAGE OR 
EMPLOY THE SERVICES OF PROSTITUTES, DIRECTLY OR 
INDIRECTLY, ARE DEEMED CLIENTS OF PROSTITUTES. 
“Any person found guilty of any of the offenses covered by this 
article shall be punished by arrest0 menor or a fine not exceeding Two 
Hundred Pesos (P200.00), and in case of recidivism, by urresto mayor in 
its medium period to prision correccional in its minimum period or a fine 
ranging from Two Hundred to Two Thousand Pesos (P2,OOO.OO) or both, 
AT [in] the discretion of the court [.I: PROVIDED, THAT IN THE CASE 
OF A CLIENT AS DEFINED IN THIS ARTICLE, HE OR SHE SHALL 


BE PUNISHED BY ARREST0 MAYOR OR A FINE NOT EXCEEDING 
FIVE " D R E D  
PESOS (P50000) AND n\T THE CASE OF 
RECIDIVISM, BY PRISION CORRECCIONAL JN ITS MEDIUM 
PERIOD TO PRISION CORRECCIONAL SN ITS MAXIMUM PERIOD 
OR A FINE NOT EXCEEDING FIVE THOUSAND PESOS 
(P5,OOO OO),ORBOTH, AT THE DISCRETION OF THE COURT 
SECTION 3. Separability Clause. - 
If any provision or part hereof is held 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
SECTION 4. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instrnction, administrative order, rule or regnlation contrary to, 
or inconsistent with, the provision of this Act is hereby repealed, modified or amended 
accordingly 
SECTION 5 .  Effectivity Clause. - This Act shall take effect fiReen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved 
fn: 788