SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
Third Regular Session )
18 AUG -6 P3313
SENATE 3

S.B.No. 41914

L H _

Introduced by Senator Ana Theresia “Risa” Hontiveros-Baraquel

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

EXPLANATORY NOTE

The State values the dignity of every human person and guarantees full respect for
individual human rights. Further, the Constitution provides that Congress shall give highest
priority to the enactment of laws that protect and enhance the rights of all people to human
dignity and protect the people from any threat of violence and exploitation.

As a signatory to the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW), the State shall undertake, among other things, to “take all
appropriate measures, including legislation, to suppress all forms of traffic in women and
exploitation of prostitution of women.” Moreover, the Convention for the Suppression of
the Traffic in Persons and of the Exploitation of the Prostitution of Others requires the
Philippines as a state party, to punish any person who “procures, entices or leads away, for
purposes of prostitution, another person, even with the consent of that person,” “exploits
the prostitution of another person, even with the consent of that person”, or runs a brothel
or rents accommodations for prostitution purposes.” It further states that “prostitution and
the accompanying evil of the traffic in person and endanger the welfare of the individual,
the family and the community.”

Republic Act No. 9710 or the Magna Carta of Women (MCW) which is the
Philippines’ local translation of CEDAW recognizes that prostitution is an act of violence
against women (VAW) from which women should be protected. It also provides for the
amendment or repeal of laws that are discriminatory to women which, among others,
include Article 202 of the Revised Penal Code (RPC) on the definition of prostitution.

Republic Act No. 9208 or the Anti-Trafficking in Persons Act, as amended by
Republic Act No. 10364 also recognizes prostitution as a form of exploitation but fails to
fully address the criminal liability of customers. Criminal liability is restricted to customers
for they will only be prosecuted if they knew that the prostituted women had been
trafficked, in which case big evidentiary problems may arise and customers are very
unlikely to report suspicions about trafficking if doing so will expose them to prosecution.
It is therefore recognized that trafficking does not always the ordinary pattern of supply
and demand, unlike prostitution.



Republic Act No. 10158 or an An Act Decriminalizing Vagrancy only repealed Article
202 provisions in the RPC that pertain to vagrancy, leaving behind the provision that
penalizes prostituted women, notwithstanding their exploitation in the prostitution. The
existing provision on prostitution is discriminatory against women since their being
prostituted treats them as criminals when they, in fact, are the ones exploited and
victimized. Law enforcement and legal sanctions are exclusively focused on prostituted
women and not those who exploit them and create the demand side of prostitution like the
pimps, customers or buyers of sex, exploiters, and brothel owners, among others.

As itis in prostitution, the women and children are considered commodities that are
acquired in exchange for money, made to perform unwanted sexual acts, violently abused
and sometimes killed. Because of current laws on prostitution, the victims’ rights are
violated several times more as law enforcers arrest and sexually abuse the women and
children, extract money from them and imprison them, away from their families.

In a 1998 report of the ILO, it was estimated that there were about 100,000 to
600,000 prostituted persons in the Philippines. Of this number, an estimated 60,000 to
100,000 are prostituted children, according to UNICEF and non-governmental
organizations. Annually, it is also estimated that 3,266 children are being brought to
prostitution. A 2009 study by Magnolia Yrasuegui and Priya Esselborn of Deutsche Welle
entitled “Philippines: Women Struggling to Achieve Sexual Equality,” revealed that there
were around 800,000 prostituted persons in the country where half of them are children.
‘The Philippines ranked fourth among nine nations with the most number of children in
prostitution as revealed in a 1997 study of UNICEF

Prostitution is always viewed as a problem about women and children - those
usually bought. However, it is also a problem about business establishments and about the
buyers, who are predominantly men.

When prostitution is solely seen as a problem about women, they are the ones
questioned and subsequently stigmatized. This law seeks to shift the accountability from
the bought to the business and the buyers who really gain from the system of prostitution.

These violations of human rights against the victims in prostitution have been going
on with impunity. Prostitution has been normalized even as its victims die slowly from the
harms and the violence within prostitution.

International instruments such as the 1949 Convention for the Suppression of
Prostitution and the Convention for the Elimination of Discrimination Against Women
clearly encourages states to stop violence against women, including and in particular all
forms of sexual exploitation. As a party to the Convention, the Philippine State, is therefore
obliged to institute mechanisms to eliminate various forms of sexual exploitation, including
prostitution.

This bill seeks to decriminalize the prostituted person and address the demand side
of prostitution by shifting the criminal liability from the prostituted persons to those who
exploit persons in prostitution and broaden the base of illegality of the said act. This also
Proposes protection and institutionalization of support services for victims or persons
exploited in prostitution such as counseling, legal services, medical or psychological
services, emergency shelter, livelihood skills training, and educational assistance, among
others.

Several legislative measures repealing Article 202 if the RPC and enacting a new
anti-prostitution law were filed since the previous Congresses but were not approved.
Hence the immediate passage of this bill is earnestly requested.



In view of the need to eliminate prostitution and to penalize its perpetrators and
patrons, the immediate passage of this bill is earnestly urged.

Ana Theresia ae lontiveros4paraqucr



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SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES, )
Third Regular Session )

18 AUG -6 P3 13

eas ee

Introduced by Senator Ana Theresia “Risa” Hontiveros-Baraquel

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

itle. - This Act shall be known as “The Anti-Prostitution Act of 2010.”

SECTION 2. Declaration of Policies. - The State:

(a) values the dignity of every human person and guarantees the respect of
individual rights. In pursuit of this policy, the Constitution provides that the State shall give
highest priority to the enactment of measures and development of programs that will
promote human dignity and protect the people from any threat of violence and
exploitation. The State, consistent with the Magna Carta of Women (MCW), also recognizes
that prostitution is a human rights violation and women and children are systematically
victimized and sexually exploited, and declares its commitment to eliminate prostitution,
not only to support persons exploited in prostitution but more importantly, to ensure
recovery, rehabilitation and reintegration into the mainstream society.

(b) In accordance with the relevant international instruments, recognizes the equal
rights and inherent human dignity of women and men as enshrined in the United Nations
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.

(c) 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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(d) 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;

(e) recognizes that eliminating prostitution is essential for women and children to
genuinely and meaningfully participate in nation-building; and

(f) 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 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 in prostitution or prostituted person - refers to a woman, man or child
used, exploited, acquired, obtained, provided, offered, sold, bought, or hired 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, insertion of any instrument
or object into the genital or anal orifice of any person, bestiality, masturbation, lap dance,
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.

(1 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 serving as a cover or venue for prostitution, or any
group, association or organization that engages in prostitution activities.

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

SECTION 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



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prostitution, regardless of whether or not the person giving or delivering money or any
other consideration is the recipient of such a sexual a

(b) any person who is a recipient of a sexual act, whether or not such a recipient has
directly given or delivered money or any other consideration for the procurement of a
person exploited in prostitution; provided that the person he is receiving sexual acts from
was paid for or given any other consideration by any person to do such acts to the
recipient.

(c) Any person, such as a pimp, trafficker or any prostitution establishment owner,
who offers another for sexual exploitation in exchange for money or any other
consideration;

(d) any person who induces, persuades, grooms, entices, compels, kidnaps, recruits
or in any manner procures or causes a person to serve and/ or be sold in an establishment
or in the streets, knowing that the same is involved in prostitution activities or when s/he
has reasonable cause to believe that such establishment or person 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;

(0) 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 such as a pimp, 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;

(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 or
intended to be used for prostitution unless s/he disproves it;

(i) 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.

(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.



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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

SECTION 5. Persons Exploited in Prostitution as Victims. ~ Any woman, man or child,
regardless of sexual orientation or gender identity, used, exploited, acquired, obtained,
provided, offered, sold, bought or hired 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.

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. Prostituted persons shall not be penalized for
unlawful acts committed as a direct result of, or as an incident or in relation to, being
prostituted, or in obedience to the order made by the offender in relation to any of the acts
defined in Section 4 of this Act.

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 (P1, 000,
000.00) but not more than two million pesos (P2, 000, 000.00);

(b) 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);

(c) when the offender is any establishment as defined in this Act, the penalty shall
be imposed upon the pimps, 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.

(d) when the offender is a foreigner, s/he shall be deported immediately after
service of sentence and permanently barred from entry into the country;

(e) 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 rehabilitation of the offender.



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SECTION 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.

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. 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 10. Prescriptive Period. - Cases under this Act shall prescribe in TWENTY-
FIVE (25) 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 shalll 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 11. Exemption from Filing Fees. ~ When the victim of prostitution institutes a
separate civil action from the recovery of civil damages, s/he shall be exempt from the
payment of filing fees.

SECTION 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.

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 13. 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 not limited to those provided for
under Section 20 of this Act.



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SECTION 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;

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

(0) 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;

(1) the right to organize themselves and fight for their legitimate
concerns; and

() the right to be consulted on any governmental initiative 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 15. Confidentiality. - At any stage of the investigation, rescue, prosecution and
trial of an offense under this Act, law enforcement officers, lawyers, judges, court
personnel, social workers and medical practitioners, as well as parties to the case, shall
protect the right to privacy of the person exploited in prostitution. Towards this end, law
enforcement officers, prosecutors and judges to whom the complainant has been referred
may, whenever necessary to ensure a fair and impartial parties, order a closed-door
investigation, prosecution trial. The name and personal circumstances of the person
exploited in prostitution or any other information tending to establish his or her identity
and his or her family shall not be disclosed to the public.

Itshall 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

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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.

SECTION 16. 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.

SECTION 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;

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

SECTION 18. 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.

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 19. The National Anti-Prostitution Counc’
Prostitution Council composed of the Depa
shall have as members the following:

- There shall be a National Anti-
‘tment of Social Welfare as the lead agency and

(a) Department of Social Welfare and Development (DSWD) as lead agency
(b) Philippine Commission on Women (PCW)
(c) Department of Labor and Employment (DOLE)



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

(e) Department of Education (DepEd)

(0 National Economic Development Authority (NEDA)

(g) Department of Health (DOH)

(h) Department of Interior and Local Government (DILG)

(i) Department of Justice (DO})

G) Department of Tourism (DOT)

(k) National Bureau of Investigation (NBI)

() Philippine National Police (PNP)

(m) 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;

i. identify and, if necessary, create centers in strategic places all over the Philippines
that will provide health services, including counseling and therapy, temporary shelters 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; and

viii. promulgate, when necessary, rules and regulations for the effective
implementation and enforcement of this Act.

ix. continuously conduct surveillance and monitor establishments, tourist spots and
disaster areas to prevent prostitution. They shall promptly investigate any establishment



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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 20. 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 and prostituted 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;

(o) Emergency shelter or appropriate housing;

(a) Medical or psychological services;

(e) Livelihood and skills training; and

(0 Assistance to enter or re-enter school or adult education.

SECTION 21. Mechanisms for Implementation and Monitoring. — The government
shall establish and implement preventive, protective and rehabilitative programs for
persons in prostitution. For this purpose, mandatory and necessary services for persons in
prostitution must be included in the programs, projects and activities of the following
agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) Department of Justice (DOJ);

(©) Department of the Interior and Local Government (DIL

(a) Department of Health (DOH);

(e) Department of Tourism (DOT);

(0) Department of Labor and Employment (DOLE);

(g) Department of Education (DepEd);

(hy Philippine Commission on Women (PCW);

(i) National Bureau of Investigation (NBI);

() Philippine National Police (PNP);

(i) Bureau of Immigration (BI);

() Technical Education and Skills Development Authority (TESDA)

Agencies mentioned above shall submit to DSWD a report on the actions and
programs taken by them relative to and concerning the implementation of the Act within
three (3) years from the passage of this Act and every January of each year thereafter.

SECTION 22. Comprehensive Recovery, Rehabilitation and Reintegration Program.
— The DSWD, LGUs and other concerned agencies shall develop and implement a
comprehensive, gender-sensitive and child friendly program for the recovery,
rehabilitation and reintegration of persons exploited in prostitution, such as but not limited
to the following:

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(a) Implementation of emergency shelter/residential care, educational assistance,
livelihood and skills training and other community-based services must be
responsive to the specific needs and problems of the persons in prostitution;

(b) Active involvement and participation of the person in prostitution in the
rehabilitation and reintegration process shall be encouraged. In order to
empower them and to prevent their revictimization, capability building
programs must be provided; and

(¢) Active cooperation and coordination with NGOs and other members of the civil
society organizations, including the business community, tourism-related
industries as well as the media in the rehabilitation and reintegration of persons
in prostitution shall be undertaken.

SECTION 23. Roles and Responsibilities of Local Government Agencies in An
Prostitution Efforts. — Local Government Units (LGUs) shall exercise their powers to curb
prostitution within their respective jurisdictions. They shall create a local mechanism that
shall combat and prevent any act of prostitution in their area. If a local committee dealing
with issues related to prostitution such as trafficking and violence against women and their
children had already been established, the LGUs shall ensure that programs and services
for prostituted persons are integrated in the plan of action of the said committee.

The LGUs shall likewise exercise due diligence in the issuance of licenses or
permits for the operation of any establishment that may be used as a front 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.

Other responsibilities of LGUs shall include conducting public information
campaign against prostitution, carrying out rescue operations and ensuring the safety or
security of victims of prostitution. They may employ elements of the National Bureau of
Investigation (NBI) or the Philippine National Police (PNP) as provided under Republic Act
No. 6975, as amended by Republic Act No. 8551

SECTION 24. Immunity from Suit. - No action or suit shall be brought, instituted or
maintained in any court or tribunal or before any other authority against any law
enforcement officer, social worker or any person acting in compliance with a lawful order
from any of the above, for lawful acts done or statements made during an authorized
rescue operation, recovery or rehabilitation/intervention, or an investigation or
prosecution of a prostitution case.

SECTION 21. 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 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 22. 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 23. 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.

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SECTION 24. 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.

SECTION 25. Effectivity Clause. - This Act shall take effect upon completion of its
publication in at least two (2) national newspapers of general circulation.

APPROVED,