FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES:

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

1656

House Bill No.
EXPLANATORY NOTE

Prostitution has pernicious effects and destroys our moral fiber. That
something concrete ought to be done about it 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 undertaken, if only to put appropriate governmental initiatives in
their proper perspective.

Of these many laws up for scrutiny and amendment, the 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 it is clearly and morally repugnant
and abhorrent. It is about time this anomaly should be critically addressed.

The proposed measure focuses on this concern. It seeks not only to
decriminalize prostitution but more importantly provide for the victims adequate
protection by:

a) upholding the human rights of persons exploited in prostitution;

b) enjoining 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 the various needs of exploited persons, among
others.


Through this bill, archaic policies may finally be corrected paving the way
for a more invigorated approach in our campaign against prostitution.

is

RUF! oo
We

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 1656

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 House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as “The Anti- Prostitution
Act of 2010.”

SEC 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 address the factors that
perpetuate sexual exploitation;



(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 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.

SEC 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 in 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 prostitution - 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;

(0) 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, insertion of
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 any person to become sexual offerings in organizational rituals or in
other circumstances as part of membership requirements.

SEC 4. Acts of Prostitution. - 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 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;

(a) 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 s/he has
reasonable cause to believe that such establishment is involved in said activities;

(e) 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 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;

(g) 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 lessee/sub 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
his/her agent shall be presumed to have knowledge that the place is being used or
intended to be used for prostitution unless s/he 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, 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;

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 acts.


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. 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 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);

(c) 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);

(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 (1)
year. The unauthorized removal of such sign shall be punishable by imprisonment
of six (6) 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;

( any person found guilty of committing or attempting to commit any of the
prohibited acts under Section 4 shall, 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 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 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 authorities shall be deemed to have knowledge of the prostitution
activities when the same are common knowledge in the community.

SEC 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.

SEC 9. Immunity of government 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.

SEC 10. 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 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.

SEC 12. Exemption from Filing Fees. -When the victim of prostitution institutes a

separate civil action for the recovery of civil damages, s/he shall be exempt from
the payment of filing fees.


SEC 13. 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.

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 have 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, properties or instruments of the offense.

SEC 14. Trust 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 shall not be
limited to those provided for under Section 20 of this Act.

SEC 15. 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;

() the right to be protected from abuse and exploitation;

(f) the right to seek redress for violations of their rights and to have their

complaints appropriately addressed;

(Q) the right to fair and humane treatment;

(h) the right to sensitive and appropriate legal, health, and other social

services;

(1) the right to organize themselves; and

( the right to be consulted on any governmental initiative legitimate

coneerns affecting them.

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


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.

SEC 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
(P500,000.00) but not more than One Million Pesos (P1,000,000.00). 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 17. Entrapment Prohibited. - 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,

SEC 18. 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;

() 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, motel and lodging house to comply with this
Section shall result in the cancellation of their license or permit to operate.

SEC 19. Responsibilities of Local Government Units 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.

The 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.

SEC 20. The National Anti-Prostitution Council. - There shall be a National
Anti-Prostitution Council composed of the Department of Social Welfare and
Development as the lead agency and shall have as members the following:

(a) Department of Social Welfare and Development (DSWD) as lead

agency

(b) National Commission on the Role of Filipino Women (NCRFW)

(c) Department of Labor and Employment (DOLE)

(d) Technical Education and Skills Development Authority (TESDA)

(e) National Economic Development Authority (NEDA)

(f) Department of Health (DOH)

(g) 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 NGOs

providing support services to victims of prostitution

(n) three (3) representatives of persons exploited in prostitution.

The National Anti-Prostitution Council shall perform the following functions:


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
crisis centers established under Republic Act No. 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;

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;

vii. undertake and lead the prosecution of any violation of this
Act;

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.

SEC 21. Mandatory Services to Victims of Prostitution. - 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) Counseling;

(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.

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 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 development fund 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.

SEC 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.

SEC 24, Separability 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.

SEC 25. Repealing Clause. - Articles 202 and 341 of the Revised Penal Code are
hereby repealed. All other laws, decrees, ordinances and rules inconsistent with
the provisions of this Act are hereby modified or repealed accordingly.

SEC 26. Effectivity Clause. - This Act shall take effect upon completion of its
publication in at least two (2) national newspapers of general circulation.

Approved,