THIRTEENTH CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
) 
,jy; 30 RCt 3 9  
Introduced by Senator Jinggoy Ejercito Estrada 
EXPLANATORY NOTE 
The creation and repeal of laws are largely dictated by the call of the times 
Recent advances brought about by today's modern technology, for example, have 
prompted lawmakers to draw up policies designed to oversee the conduct of business 
through the internet with the recent passage of the E-Commerce or Electronic 
Commerce Law. 
However, the changing world order also necessitates the review of existing 
policies that may have once proven effective, but now simply serve to oppress the very 
people that they sought to benefit and protect. One such policy is the law on vagrancy. 
Historically, vagrancy laws were created bearing the concept of criminality. As a 
result of the breakdown of feudalism and the onslaught of the Black Plague vagrancy 
laws were passed to discouraged the idle from being burdens tot he community. Over 
time, vagrants regarded as public nuisances, thereby being subject to disdain and 
punishment. 
Our Revised Penal Code, under Article 202, defines vagrancy as criminal act. 
These laws carries the same concept of criminality that has been challenged by human 
rights advocates all over the world, as it violates certain cherished freedoms such as the 
right to association and the freedom to move freely and to travel. In the United States, 
vagrancy laws have already been stricken down on constitutional grounds. 
Moreover, there have been numerous reports of arbitrary arrests by the police as 
a result of the wide powers of discretion afforded by the vagrancy law. Police have 
rounded up the poor, women, and street children, accusing them of vagrancy, and 
holding them in police cells. Most of these accused vagrants are detained for long 
periods as a result of not having access to a lawyer, either because of poverty or lack of 
knowledge on their rights. 
Numerous cases of street children arbitrarily arrested by the police have likewise 
been documented particularly at times of international conferences or during holiday 
seasons, when national and international attention is focused on a city. 


The law on vagrancy blurs the line between poverty and criminality. As the 
economic imbalance brought about by gfobalization and the regional economic crisis 
persists, millions of our populace will continue to suffer from poverty and from 
oppressive laws such as the law on vagrancy. As such, the repeal of certain acts 
constituting vagrancy must be undertaken for the law to be more responsive tot he 
present needs of society. 
In view of the forgoing, the immediate passage of this measure is earnestly 
sought. 
u 
Senator 


'04 
JWJ 30 p1Q 139 
THlRTEENTH CONGRESS OF TkE 
1 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
/7 
S E N A T E  
S. B. No. 
~ 
Introduced by Senator Jinggoy Ejercito Estrada 
AN ACT 
DECRIMINALIZING CERTAIN ACTS OF VAGRANCY AMENDING FOR THE 
PURPOSE ARTICLE TWO HUNDRED TWO OFACT NO. 3815 AS AMENDED, 
OTHERWISE &NOW&! AS THE REVISED PENAL CODE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION I. 
Article 202 of the Revised Penal Code is hereby amended to read 
as follows: 
"Article 202. Vagrants and prostitutes; Penalty. - The following are vagrants: 
[I, 
Any person having no apparent means of subsistence, who has the 
physical ability to work and who neglects to apply himself or herself to some 
lawful calling; 
[2. Any person found loitering about public or semi-public buildings or 
places or tramping or wondering about the country or the streets without visible 
means or support;] 
1 
[3.] 1 .[Any idle or dissolute person who ledges who lodges in houses of ill- 
fame; ruffians or] [p] Pimps {and those who habitually associate with prostitutes]; 
[4. Any person who, not being included in the provisions of other articles 
of this Code, shall be found loitering in any inhabited or uninhabited place 
belonging to another without any lawful or justifiable purpose;] 


E5.12. Prostitutes. 
For [the] purposes of this article, [women] PERSONS who, for money or 
profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed 
to be prostitutes. 
Any person fdund guilty of any of the offense covered by this article shall 
punished by arrest0 menor or a fine not exceeding E2001 2,000 pesos, and in 
case of recidivism, by arresfo mayor in its medium period to prison correcional in 
its minimum period or a fine ranging from [2OOJ 2,000 to [2,000~20,000 pesos, or 
both in the discretion of the court. 
SECTION 2. EfFecf on Pending Cases. - All pending cases tinder the repealed 
provisions of Article of the Revised Penal Code as amended by this Act shall be 
dismissed upon the activity of this measure. 
SECTION 3. lmmediafe Release of Convicfed Persons. - All persons serving 
sentence for violation of the repealed provisions of Article 202 of the Revised Penal 
Code as amended by this Act, shall be immediately released provided that they are not 
serving or detained for any other case. 
SECTION 4. Repealing Clause. - All laws, presidential decrees, executive 
orders, rules and regulations and other issuance or parts thereof inconsistent with this 
Act, are hereby repealed, modified or amended accordingly. 
SECTION 5. Effecfjvjfy Clause. - This Act shall take effect fifteen (45) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved.