FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
1423 
S.B. No. ____ _ 
" : 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
This bill seeks to make the crime of vagrancy more relevant to present 
conditions by amending the enumeration of persons that may be found guilty 
committing the same and to remove the discrimination against gender in so far as 
defining what is prostitution is by broadening its meaning to include all persons, 
amending for the purpose Article 202 of the Revised Penal Code. 
There is a clamor for the repeal of the anti-vagrancy law on the basis that it 
discriminates against the poor and is used to penalize those who are homeless or 
without any visible means of subsistence. The law has also been used in a way that 
discriminates on the basis of gender. Women's groups report that while women, 
particularly suspected prostitutes, are routinely arrested under the law, it is never or 
rarely used against suspected male offenders, such as men who use prostitutes. As 
early as 1997, the United Nations Committee on the Elimination of Discrimination 
Against Women criticized the discriminatory application of the law, noting that it 
was enforced against female sex workers but not against men involved as traffickers, 
pimps or clients. Amnesty International is concerned that the anti-vagrancy law has 
been used as a pretext for arbitrary arrest and detention. The organization is 
particularly concerned that the vague wording of the law leaves it open to abuse by 
law enforcement officials. 
Instead of addressing the issue of poverty through positive actions in the 
form of policies and regulations that would address their basic needs, the State 
penalizes the poor through the anti-vagrancy laws. 
This bill aims to remedy such situation by removing the anti-poor provisions 
of Article 202 of the Revised Penal Code. It likewise removes the discrimination 
against gender in so far as defining who are prostitutes under the law. Under this 
bill, prostitution is defined as persons, no longer just women as contained in the 
present law who, for money or profit, habitually indulge in sexual intercourse or 
lascivious conduct. 
, 
In view of the foregoing, the immediate passage of this bill is earnestly 
requested. 
c::~=~·~-:::;;;;:.?::-~~=-
~~:=:> 
LOREN LEGARDA 
Senator 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
1423 
S.B. No. ___ _ 
'1" '\, 
.1, 
[ft'f'l';;'f;, ( :: ':, i, 
Introduced by Senator Loren Legarda 
AN ACT 
> 
, 
,', <>. 
\.;,~ ";.-
t'·t~1 
DECRIMINALIZING CERTAIN ACTS OF VAGRANCY AMENDING FOR THIS 
PURPOSE ARTICLE 202 OF ACT NO. 3815 AS AMENDED, OTHERWISE 
KNOWN AS THE REVISED PENAL CODE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Article 202 of the Revised Penal Code is hereby amended to 
2 
read as fQllows: 
3 
"Article 202. Vagrants and prostitutes and Pimps; penalty. - The 
4 
following acts are punishable: 
5 
1. 
Any person having no apparent means of subsistence, 
6 
who has the physical ability to work and who neglects to apply himself 
7 
or herself to some lawful calling; 
8 
[2. 
Any person found loitering about public or . semi-public 
9 
buildings or places or tramping or wandering about the country or the 
10 
streets without visible means of support;] 
11 
[3] 2. Any idle or dissolute person who lodges in houses of ill-
12 
fame; ruffians or pimps and those who habitually associate with 
13 
prostitutes; 
14 
15 
16 
17 
18 
19 
[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 belong to another without any lawful or justifiable 
purpose;] 
[5] 3. Prostitutes. 
20 
For the purposes of this. article, [women] any person who, for 
21 
money or profit, habitually indulge in sexual intercourse or lascivious 
22 
conduct, are deemed to be prostitutes. 
1 


• 
1 
Any person found guilty of any of the offenses covered by this 
2 
article shall be punished by arresto menor or a fine not exceeding 200 
3 
pesos, and in case of recidivism, by arresto mayor in its medium period 
4 
to prision correccional in its minimum period or a fine ranging from 200 
5 
to 2,000 pesos, or both, in the discretion of the court. 
6 
7 
SECTION 2. Effect on Pending Cases. All pending cases on the basis of the 
8 
deleted provisions of Article 202 of the Revised Penal Code filed prior to its 
9 
amendment shall be dismissed upon effectivity of this Act. 
10 
11 
SECTION 3. Immediate Release of Convicted Persons. All persons serving 
12 
sentence for violation of the deleted provisions of Article 202 of the Revised Penal 
13 
Code prior to its amendment shall be immediately released upon effectivity of this 
14 
Act, provided that they are not serving sentence or detained for any other offense or 
15 
felony. 
16 
17 
SEC. 4. Repealing Clause. - All laws, presidential decrees, executive orders 
18 
and their implementing rules, inconsistent with the provisions of this act are hereby 
19 
repealed, amended or modified accordingly. 
20 
21 
SEC. 5. Effectivity. - This Act shall take effect fifteen (15) days after its 
22 
publication in at least two (2) newspapers of general circulation. 
23 
24 
Approved,