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THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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"04 JlJ"li 363 
152 
S E N A T E  
S. No. 4'79 
Introduced by Senator S. R. OsmeAa 111 
EXPLANATORY NOTE 
Estimates place the number of women and children in prostitution in the 
Philippines at 60,000 to 300,000 in 1993 and 1994. By conservative estimates, 
the figure today is half a million. Prostitution has become a highly organized 
business with a system of recruitment that capitalizes on the market for migrant 
workers, and promotions that includes pornography and the international market 
for sex tours. 
Article 202, Paragraph 5 of the Revised Penal Code defines prostitutes as 
women criminals whom society should penalize, stigmatize and ostracize. 
Society in general is kinder to children who are easily regarded as victims with no 
power of choice over their situation. Yet this dichotomy between women and 
children in prostitution is anomalous, especially in cases where the women were 
brought into prostitution as children. 
From a more realistic and humane perspective, prostitution can be likened 
to a system of slavery where the prostitute, be she a child or an adult woman is 
the victim, rather than the criminal perpetuator. The prostitute, who is often 
treated as merchandise, not as a human being, endures severe human rights 
violations not unlike those perpetuated in situations of slavery. Prostitutes earn 
very little. Most of the money paid for their services go to bar owners and pimps 
who cheat them, and threaten them with abuse and violence, when they refuse to 
indulge the demands of customers. 
This bill which was filed by Senator Roc0 in the Eleventh Congress, seeks 
to address the system of prostitution in its entirety, accosting both the structural 
mechanisms as well as the ideological justifications which re-enforce them. In 
order to eradicate the evil perpetuated by prostitution, the force of the law must 
be aimed at establishments and male customers who control and profit from the 
business of prostitution. 
On the other hand, the law must extend a 
compassionate hand, and offer protection to prostitutes, rather than criminalize 
them for in truth they are mere victims of an extremely exploitative system. 
In view of the foregoing, early passage of this bill is earnestly requested 
6
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SERGIO OSMENA 111 
Senator 


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THIRTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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S E N A T E  
Introduced by Senator S. R. OsmeAa 111 
AN ACT 
ADDRESSING THE SYSTEM OF PROSTITUTION, IMPOSING PENALTIES ON 
ITS 
PERPETRATORS, 
PROVIDING 
PROTECTIVE 
MEASURES 
AND 
SUPPORT SERVICES FOR ITS VICTIMS, AMENDING FOR THE PURPOSE 
THE REVISED PENAL CODE, 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 2001 ." 
SEC. 2. Declaration of Policies. - The State: 
a) declares its commitment to end the continuing sexual exploitation of 
women and children and all forms of gender-based violence; 
b) recognizes prostitution as a human rights violation which 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 or prostitution and must, therefore, be given 
protection and support by the State, instead of being treated as 
criminals; and 
d) recognizes that addressing prostitution is essential for women and 
children to genuinely and meaningfully participate in nation-building 
SEC. 3. Definition of Terms. - The following terms are defined for 
purposes of this Act. 
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a) 
Prostitution - any act, transaction, scheme, or design involving the 
use of a person, whether woman, man or child, for the sexual gratification, 
exploitation or pleasure of another in exchange for cash, profit or other 
consideration, or any act which promotes or facilitates the accomplishment of the 
said act, transaction, scheme or design, as specifically defined in Section 4 of 
this Act. 
b) 
Person exploited in prostitution - refers to a woman, man or child 
used or employed for another person’s sexual gratification, exploitation or 
pleasure and for the monetary gain or profit of others, as defined in Section 4 (a) 
of this Act. 
c) 
Child - refers to a person below eighteen (18) years of age or over 
but is unable to fully take care of herself/himself from abuse, neglect, cruelty, 
exploitation or discrimination because of a physical or mental disability or 
condition. 
d) 
Establishmenf - refers to any business enterprise or establishment, 
including, but not limited to, sauna bath, massage parlor, discotheque, bar, 
restaurant, resort, lodging house, motel, hotel, ship, vessel, or any dwelling, 
house, structure or building, or any group, association or organization serving as 
a cover or venue for, or which engages in, prostitution activities as defined in 
Section 4 of this Act. 
SEC. 4. Punishable Acts. - Prostitution is a crime committed by: 
(a) 
any person who gives, conveys or delivers money or any 
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consideration in exchange for another’s sexual exploitation, or any person who is 
the recipient of the sexual act involved in the sexual exploitation of another but 
who did not give, convey or deliver money or any consideration; provided, 
however, that for purposes of this Section, sexual exploitation shall include, but 
not limited to, having sexual intercourse with or performing any form of lascivious 
or sexual act with the person giving, conveying or delivering the money or 
consideration, or with another person, or performing or demonstrating sexual or 
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lascivious acts in the presence of another person or persons or a crowd; 
provided, further, that the actual performance of the acts by the person exploited 
in prostitution is not a requirement for the offender to be prosecuted under this 
provision; 
(b) 
any person who recruits, induces, persuades, entices, compels, 
kidnaps, or in any manner procures a person for the purpose of exploiting the 
person in prostitution; 
(c) 
any person who recruits another person purportedly for lawful 
employment but actually for the purpose of exploiting the person in prostitution; 
(d) 
any person who recruits, induces, persuades, entices, compels or 
in any manner procures or causes a person to work in an establishment knowing 
that the same is involved in activities defined in paragraph (a) of this Section or 
when he/she has reasonable cause to believe that such establishment is 
involved in the said activities; 
(e) 
any person who transports a person or persons from one place to 
another for the purpose of exploiting the person or persons in prostitution; 
(9 
any person who receives or gives or agrees to receive or give 
money or anything of value or any consideration in exchange for or for the 
purpose of procuring or recruiting, in any manner, a person or persons to be 
exploited in prostitution; 
(9) 
any person who organizes or arranges travel, tours and tourism- 
related activities which involve the sexual exploitation of any person as defined in 
(a) above, or the escort services of any person who is expected to perform the 
sexual acts defined in (a) above; 
(h) 
any person who in any manner or under any pretext advertises, 
organizes, arranges, manages, promotes or facilitates the commission of any of 
the acts defined in this Section; 
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(i) 
any person who uses information technology such as cyberspace, 
satellite, television, or any form of media to promote any of the acts defined in 
this Section; 
(j) 
any person who derives profit or advantage from any of the 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; 
(k) 
any person who derives profit or advantage from any of the acts 
defined in this Section as owner, operator, manager, head, director, officer, or 
agent of the establishment serving as cover or venue for any prostitution activity, 
or aiding another establishment or person involved in any prostitution activity; 
(I) 
any member of the military or police establishment, or any 
government official or employee, or any person in authority, who promotes, 
facilitates, allows, or cause 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; 
(m) 
any person who leases, subleases, or in any other manner allows 
the use of any dwelling, house, structure or building knowing that the 
lessee/sublessee intends to use or uses it for prostitution activities as defined in 
this Section, or continues with the lease, sublease or any other arrangement for 
its use knowing that the place is being used for prostitution. For the purpose of 
this paragraph, the owner of the dwelling, houses, structure or building used for 
prostitution and hidher agent shall be presumed to have knowledge that the 
place is being used or intended to be used for prostitution unless he/she 
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SEC. 5. Attempt to Commit Child Prostitution. - An attempt to commit 
prostitution of a child under Section 4 (a) of this Act is committed by: 
(a) 
any person who, not being a grandparent, parent, guardian or blood 
relative of a child, is found alone with the said child inside a room or cubicle of a 
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house, inn, hotel, motel, pension house, apartelle, or any similar establishment, 
vessel, vehicle or any hidden or scheduled area, or under circumstances which 
would lead a reasonable person to believe that the child is about to be 
prostituted; 
(b) 
any establishment providing entertainment or relaxation to the 
public, including, but not limited to, sauna bath parlor, massage parlor, 
discotheque bar, videoke or sing-along establishment, resort, lodging house, 
motel and hotel, which employs a child; 
(c) 
any person receiving services from a child in a sauna parlor or 
bath, massage clinic, health club and any other similar establishment. 
SEC. 6. Who May Commit the Prohibited Acts. - The acts defined in 
Section 4 of this Act may be committed by any natural or judicial person, 
establishment, association, movement, cult, religious group or any organization. 
For the purpose of Section 4, the term “person,” when used to refer to the 
offender, shall be interpreted to include the aforesaid persons or entities 
whenever applicable. 
SEC. 7. Consent of Victim Immaterial. - The consent of the person 
exploited in prostitution to the commission of any of the acts defined in Section 4 
of this Act shall not in any way exempt the offender from, or mitigate hidher, 
criminal liability. 
SEC. 8. Penalties and Sanctions. - Any person found guilty of the acts 
defined in Section 4, paragraph (a) shall suffer the penalty of prison mayor in its 
medium period, unless the person exploited in prostitution is a child, in which 
case the penalty shall be reclusion femporal in its medium period, Provided, 
however, that if the act against the child constitutes rape under Art. 266-A 
paragraph (1) of the Revised Penal Code as amended by R.A. 8353 or rape by 
sexual assault under Art. 266-A paragraph (2) of the Revised Penal Code as 
amended by R.A. 8353, the offended shall be prosecuted Art. 266-A paragraph 1 
or 2, as the case may be, Provided, further, that the penalty for violation of Art. 
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266-A paragraph 2 involving a child shall be reclusion temporal in its medium 
period. If the act against the child constitutes act of lasciviousness, the offender 
shall be prosecuted under Art. 336 of the Revised Penal Code, Provided, 
however, that the penalty shall be reclusion temporal in its medium period. 
(b) The penalty of reclusion temporal in its minimum period shall be 
imposed when the offender is an ascendant, parent, guardian, stepparent, 
collateral relative within the fourth degree of consanguinity or affinity, or 
exercises parental authority or moral ascendancy over the person exploited in 
prostitution. This penalty shall also apply to any offender who is the common-law 
spouse of any of the persons aforementioned. If the offended party is a child, the 
penalty shall be reclusion temporal in its medium period. 
The penalty of reclusion perpetua and a fine of five hundred 
thousand pesos (P500,000.00) shall be imposed on the offender who is a 
member of the police or military establishment, or a government official or 
employee. In addition, the offender shall be perpetually disqualified from holding 
any appointive position or from running for any elective position in government. 
(c) 
(d) 
The owner or operator or manager, or the directors and officers, of 
the establishment, corporation, partnership or association found to be engaged in 
any of the acts defined in Section 4 shall suffer the penalty of reclusion perpetua 
and a fine of not less than five hundred thousand pesos (P500,000.00) but not 
more than one million pesos (PI ,000,000.00) each: provided, however, that if the 
person exploited in prostitution is a child, the fine shall be one million pesos 
(PI ,000.000.00); provided, further, that the responsible agents and employees 
shall suffer that penalty of reclusion temporal in its medium period, and provided, 
further, that if the person exploited in prostitution by the responsible agents or 
employees is a child, the penalty shall be reclusion temporal in its maximum 
period. 
In addition, the establishment, corporation, partnership or association shall 
be immediately closed and its registration and/or license to operate shall be 
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revoked, without prejudice to the filing of other charges under other applicable 
laws. 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 (I) 
year. The unauthorized removal of such sign shall be 
punishable by arrest0 mayor in its maximum period. 
(e) 
Any of other person found guilty or any of the acts defined in 
Section 4 and not falling under Sec. 8 (a), 8 (b), 8 (c), 8 (d) and 8 (9) shall suffer 
the penalty of reclusion temporal in its maximum period and a fine of three 
hundred thousand pesos (P300,OOO.OO); provided, however, that if the person 
exploited in prostitution is a child, the penalty shall be reclusion temporal in its 
maximum period and a fine of five hundred thousand pesos (P500,OO.OO); 
provided, further, that if the offender is a woman who is also exploited or had 
been exploited in prostitution, she shall suffer the penalty or prison correccional 
in its maximum period and no fine shall be imposed on her. 
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When the offender is a foreigner, he shall be deported immediately 
after service of sentence and permanently barred from entry into the country. 
(9) 
Any person found guilty of an attempt to commit child prostitution 
shall suffer the penalty of prision correccional in its medium period, without 
prejudice to the filing of other criminal charges under other applicable laws; 
provided, however, that in cases falling under Section 5, paragraph (b), the 
owner and operator or manage, or the directors and officers of the establishment 
shall suffer the penalty or prision correccional in its medium period and a fine of 
three hundred thousand pesos (P300,OOO.OO); 
(h) 
Persons exploited in prostitution who do not fall under Section 8 (e) 
shall not suffer any criminal liability under this Act. 
In addition to the penalty of imprisonment and fine, any person who is 
found guilty of any of the acts provided under Section 4 and 5 of this Act shall 
undergo a rehabilitation program with the Department of Social Welfare and 
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Development (DSWD) which s'hall not be shorter than three months nor longer 
than one year, provided, that only first-time offenders shall undergo such 
rehabilitation program. The DSWD shall submit to the court a report on the 
rehabilitation of the offender. 
SEC. 9. Civil Liability For Prostitution. - Person exploited in prostitution 
may file independent civil cases for damages against the persons responsible for 
their exploitation. 
SEC. I O .  Applicability of Republic Act No. 7309 and Republic Act No. 
6981. - Persons exploited in prostitution shall be covered by the Witness 
Protection, Security and Benefit Act, or Republic Act No. 7309. For the purpose 
of the application of Republic Act No. 7309, persons exploited in prostitution shall 
be deemed victims of violent crimes under Section 3, paragraph (d) thereof. 
SEC. 1 I. 
Responsibilities of Government Agencies in Anti-Prostitution 
Efforts. - Local government units shall exercise their powers to curb prostitution 
within their respective jurisdictions. Their responsibility shall include conducting 
public information campaign against prostitution. 
Local government units may employ elements of the National Bureau of 
Investigation (NBI) or the Philippines 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. 
The NBI and the PNP shall continuously conduct surveillance and monitor 
establishments to prevent prostitution. They shall promptly investigate any 
establishment suspected to be engaged in activities constituting prostitution 
under Section 4 of this Act and shall take appropriate measures, in coordination 
with the local government unit concerned an other relevant government 
agencies, for the speedy prosecution of the offenders. 
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The Department of Tourism (DOT) shall undertake corrective and 
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enforcement measures to stop activities in tourism constituting, promoting or 
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facilitating prostitution. 
SEC. 12. Liability of Local Government Units. - Provinces, cities and 
municipalities shall be liable for damages 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. 
The responsible authorities shall be deemed to have knowledge of the 
prostitution activities when the same are common knowledge in the community. 
SEC. 13. Requirements for Hotels, Motels and Lodging Houses. - Every 
hotel, motel or lodging area shall: 
(a) maintain a reception and registration area for guests and patron that is 
readily within the public view; 
(b) strictly require the registration of every guest and patron in the 
reception and registration area referred to above, and for this purpose 
keep a registration book at all times; 
(c) maintain open garages, or those which do not have door or any closing 
mechanism; 
(d) maintain good lighting in all its entrances, exits, 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. 
SEC. 14. Human Rights of Persons Exploited in Prostitution. - Persons 
exploited in prostitution have human rights which must be respected, protected 
and promoted by all branches, agencies and instrumentalities of the government 
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limited to: 
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in law enforcement drives, criminal prosecution, civil suits, service provision, and 
program development and implementation. These rights include, but are not 
(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, 
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(d) the right to equal protection of law, 
(e) the right to be protected from abuse and exploitation, 
(9 the right to seek redness for violation of their rights and to have their 
complaints appropriately addressed, 
(9) 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 
(j) the right to be consulted on any government initiative 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 lease 
one social worker or one representative from a non-government organization 
known to be working with women exploited in prostitution present during raids. 
During raids of establishments, 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 media of persons exploited in 
prostitution shall suffer the penalty of arresfo mayor in its maximum period, 
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without prejudice to the filing of other criminal and administrative charges under 
applicable laws. 
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 that violates the dignity and other human rights of the persons 
exploited in prostitution, shall suffer the penalty of arrest0 mayor in its maximum 
period. 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 
of for any inquiry caused them by the publication. 
SEC. 15. 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 4 (a) of this Act. A law 
enforcement officer who resorts to this method shall be punished under Section 4 
(a) of this Act. 
SEC. 16. Enforcement of Labor Laws and Regulations. -The Bureau of 
Working Conditions of the Department of Labor and Employment (DOLE) and its 
regional, provincial and district officers shall conduct, in coordination with the 
local government officials and relevant agencies, quarterly monitoring of all 
establishments to ensure that they comply with the minimum wage law and other 
laws on labor standards. Quarterly monitoring reports shall be submitted to the 
chief executives of provinces, cities, and municipalities for their appropriate 
action. Copies shall also be furnished to the Task Force created under this Act. 
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SEC. 17. Social Services and Programs. -There shall be a National Anti- 
Prostitution Task Force composed of the Department of Social Welfare and 
Development as lead agency, the National Commission on the Role of Filipino 
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Women (NCRFW), the DOLE, the TESDA, the Department of Health, the 
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Department of Interior and Local Government, the Department of Justice, the 
NBI, the PNP, three (3) non-government organizations (NGOs) selected by 
NGOs providing support services to victims of prostitution, and three (3) 
representatives of persons exploited in prostitution. The National Anti-Prostitution 
Task Force shall perform the following functions: 
(a) 
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 services, education assistance, 
and socio-economic assistance such as livelihood skills training and financial 
support for small-scale business, among others. 
(b) 
Identify and, if necessary, create center 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 an other service providers to address the 
needs of persons exploited in prostitution. 
(c) 
Ensure the units are created or identified within relevant 
government agencies particularly those composing the Task Force that shall 
focus on addressing prostitution and the need for 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. 
(d) 
Ensure that 
relevant government agencies work in close 
coordination with each other in addressing prostitution and the needs of persons 
exploited in prostitution. 
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(e) 
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; 
Ensure that local counterparts of the Task Force are created in 
(f) 
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every municipality, city and province; and 
(9) 
Promulgate, when necessary, rules and regulations for the effective 
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implementation of this act. 
SEC. 18. 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 for 
programs, projects, and activities aimed to control prostitution activities within 
their jurisdiction. 
SEC. 19. Separability Clause. - if any section or provision of this Act shall 
be declared unconstitutional or invalid, the other sections or provisions not 
affected thereby shall remain in full force and effect. 
SEC. 20. Suppletory Application. - The provisions of the Revised Penal 
Code shall have suppletory application to this Act. 
SEC. 21, Repealing Clause. - Articles 202 and 341 of the Revised Penal 
Code are hereby repealed. Article Ill, Sections 5 and 6 of Republic Act No. 7610 
and all other laws, decrees, orders, rules and regulations and other issuances 
inconsistent with the provisions of this Act are deemed modified, revoked or 
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repealed accordingly. 
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SEC. 22. Effectivity. This Act shall take effect fifteen (15) days after its 
publication in two (2) leading newspapers of national circulation. 
Approved, 
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