Republic of the Philippines
HOUSE Of REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

4334

House Bill No.

Introduced by Representatives EMMI A. DE JESUS, LUZVIMINDA C. LAGAN,
TEDDY CASINO, NERI COLMENARES, RAFAEL MARIANO,
RAYMOND PALATINO and ANTONIO TINIO

EXPLANATORY NOTE

Majority of prostituted Filipino women, are young or under 20 years of age, originate from
the provinces, and are from poor families. A large number of them are likely to be victims of sexval
abuse several times during raids on suspected prostitution dens. Prostituted women are arrested,
jailed and fined for prostitution. On the other hand, owners and managers of establishments as
‘well as their customers are left off the hook.

Prostituted women and prostitution are commonly viewed in the Philippines as one and the
same. They are commonly considered as social problems, inimical to society's morality and
decency. The government uses both moral condemnation and legal sanctions to “flush them out",
for prostitutes are seen as the ultimate “evil” expression of prostilution. They are the most
prominent and convenient targets of moral outrage and legal sanctions, Thus, when prostitution is
mentioned, the focus is immediately an women and children who personally provide sexual
services; the assumption is that women in prostitution “seduce” men and thus represent or
personify the root of the problem, This view reveals no understanding of prostitution as a system
and of prostitutes as individuals caught up in and victimized by that system.

‘The common understanding of prostitution is that it involves the sale of sexual services by
women and children. This does not however, consider that in prostitution, the major players are
mostly men while women and children assume the functional rale of objects of delivery of sexual
services and that there is intended profit. Prostitution is a system whereby women’s and children’s
bodies and their sexuality are commodified and exploited to satisfy men’s sexual necds.

Society sees children in prostitution as victims and quickly condemns those who victimize
them. However, it does not have the same view of prostituted women. It mainly sees aduk women
as free autonomous persons, who enter into individual and private transactions wilh their
customers. It automatically assumes that an adult woman is on equal footing with the other party
involved in the transuction and therefore free to set the conditions of that transaction. The
unfortunate error behind this view is that it detaches prostitulion from the context of caprtalst
economic relation and the prevailing patriarchal kdeolagy. Both sce women's badies as objects and


their sexuality obtainable, buyable and given to abuse by men, On the other hand, men are allowed
to escape responsibility for using women in prostitution.

Prostitution should be likened to the system of slavery, Therefore, those in slave-like
situations should not be criminalized based on age or “choice”. This adult-child divide becomes
Particularly anomalous in cases of women brought into prostitution as children.

Prostitution has become a highly organized business with its own system of recruitment and
trade which ensures the systematic and unhampered flow of products and profits. its entrepreneurs,
through pomography, offer women and children to the male market and create 2 continuous
demand for sexual services.

The promotion of tourism with sex as an essential feature perpetuates prostitution. The
Promotion by government of overseas jobs as a viable option for Filipina workers also creates a
favourable climate for prostitution. It provides a fertile ground for illegal and deceptive recruiters in
the migration process,

Existing Philippine laws do not define “prostitution”, only "prostitutes". Article 202 (5) of
the Revised Penal Code identifies "prostitutes" as “women who, for money or profit, habitually
indulge in sexual intercourse or lascivious conduct." BEING A PROSTITUTE IS A CRIME UNDER THE
REVISED PENAL CODE. Article 202 also holds criminalty liable “any idle or dissolute person who
lodges in houses of ilHfame, ruffians, or pimps ar those whe habitually associate with prostitutes.”
But men wha go to clubs, bars and other similar establishments hardly qualify as “idle” or
“dissolute”.

Other than Article 202, the other provision that deals directly with prostitution is Article 341
‘of the Revised Penal Cade on white slavery. It penalizes “any person who, in a manner, or under any
pretext, shall engage in the business or shall profit by prostitution or shall enlist the services of any
‘other person for the purpose of prostitution." The reality, however, is while society penalizes,
stigmatizes and ostracizes women in prostitution; it never even questions why men demand and pay
for sex. In addition, the criminal liability of individuats engaged in the business of prostitution under
Article 342 of the Revised Penat Code is hardly enforced. Thus, businesses related to prostitution
contique to thrive.

Prostitution is a serious form of human rights violation. Women in prostitution do not proht
from prostitution. Even with the long hours of providing sexual service and the number of men they
service, their earnings are meager. A big percentage of their carnings go to bar owners and pimps.

‘Women in prostitution are alone, unprotected and not respected. They are stigmatized by
society, criminaiized by the law and exploited in the sex trade. They are in constant fear, They
experience abuse and violence from their customers, bars and club owners and pimps. Women in
Prostitution are vulnerable to the risks of diseases such as STD's and HIV/Aids. in fact, fear of such
diseases is one factor why men give high premiere to young and ‘fresh’ prostituted children and
women. The latter suffer from extreme discrimination and are considered unworthy and
undeserving of respect, care and any form of social assistance and legal protection. Basic rights ace
denied them and worse, are oftentimes violated by the police and the legal system.

Women in prostitution are powerless. In most cases, prostitutes are not involved in the
‘Transaction. It is often between a pimp, club or brothel owner and the customer; the prostitute
becomes part of the transaction only because she will implement the terms of the transaction. tn
some cases, payment is given to the pimp. in most cases, the pimp cheats the prostitute of the
actual monetary value that she was promised.


Prostitution must be approached in its entirety. Both the structural mechanism and

‘ideological Justification which uphold

must be addressed. The government should first and

foremost address the factors in general that perpetuate prostitution and ensure an environment
that will eradicate prostitution in the long term. In the meantime, it must address the contradiction
in poticies which, in effect, reinforce the system of prostitution The aduit child divide must be
removed and women and children in prostitution must not be treated as criminals and as outcasts in
society. Legal efforts should be directed against establishments, pimps and maie customers and all
‘others who profit from the business of prostitution. Policies and programs that will address the
problems of women in prostitution and that will protect them must be developed. Those who
control, perpetuate, and benefit from the business of prostitution must be penalized,

{In view of the foregoing, the passage of the bill is earnestly sought.

Pom (BA

REP. EMMI A. DE JESUS
Gabriela Women’s Party

~~ b2 Con
REPLTEDDY CASINO

Bayan Muna Partylist,

‘Bayan Myna Partytist

ete.
REP. ANTOS TINIO-

ACT Teachers Partylist

. 2.
REP,LOZWIMINDA C. ILAGAN

Gabriela Women’s Party

Lesa A

REP/RAFAEL MARIANT™
Anakpawis Partylist

of
REP. RAY thas PALATINO:

Kabatadn Partylist,



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTHTEEN CONGRESS,
First Regutar Session

43934

House Bill No.

Introduced by Representatives EMMI A. DE JESUS, LUZVIMINDA C. ILAGAN,
TEDDY CASINO, NERI COLMENARES, RAFAEL MARIANO,
RAYMOND PALATINO and ANTONIO TINIO

AN ACT REPEALING ARTICLES 202 AND 342 OF THE REVISED PENAL CODE
AND \NSTITUTING A SYSTEM OF PROTECTION FOR VICTIMS OF PROSTITUTION AND FOR OTHER
PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philipp
assembled:

SECTION 1. Short Fitle- This Act shall be known as “The AnthProstitution Act of 2011”

SECTION 2. Declaration of Policies- The State:

(2) Zectares it commitments to end the continuing sexual exploitation of women and children
and all forms of gender-based violence by comprehensively addressing the factors that
perpetuate sexual exploitation;

scognizes prostitution as a human rights violation which calls for coordinated and sustained
response from all agencies and at alt levels of government;

(€} secognizes that women and chiklren are victimized by the system of prostitution and must
therefore be given protection and support by the State, instead of being treated as
timinals;

(4) recognizes that eliminating prostitution requires the abolition of the patriarchal ideology
that perpetuates the view of women as objects for commodification and the restructuring of
the exploitative capitalist system that economically and politically marginalizes majority of
Filipinos; and

(e} recognizes international commitments, particularly, the Universal Oeclaration on Human
Rights, Convention on the Elimination of All Farms of Discrimination Against Women,
Convention on the Rights ef the Child, Convention Against Transnational Organized Crime
including its Protacal to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, and other international human rights instruments of which the

tb)



Philippines is a party, declaring its commitment to end the continuing sexual exploitation of
women, men, and chikiren and all forms of gender-based violence by creating an enabling
environment where the human rights of women and children are observe, protected, and
fulfilled.

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 of a person by another,
Whether through the performance of such act or mere demonstration thereof, for sexual
intercourse, lascivious conduct or for sexual gratification in exchange far money or checks
Profit or any 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 ar child used, exploited of
employed for enother person's sexual gratification, pleasure or exploitation and for the
‘monetary gain or profit of others.

{c) Child- refers to a person below eighteen (18) years of age or one who is over eighteen (18)
but is unable to fully take care of or protect herself/himself from abuse, neglect, cructty,
exploitation or discrimination because of a physical or mental disability or condition.

{d) Prostitution Den- refers to any business of enterprise, including but not limited to, sauna,
bath, massage parlour, discotheque, bar, restaurant, resort, lodging house, motel, hotel,
theatre, ship, vessel, cab ar taxi, or any other vehicle, or any dwelling, house, jail, detention
centre, structure or building, oF any group, association, organization, or services such as
escort services, serving as a cover or venue for, or which engages in prostitution activities as
defined in Section 4 of this Act.

(e} Sexual Act: refers to sexval intercourse, including genital-to-genital, oral-to-genital, anal-to-
genital, or 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 presumed to be of sexual nature,
whether the same is made between persons of the same or opposite sex.

(© Sexual exploitation- refers to the practice by which 2 person is sexually subjugated through
abuse or violation, either covert of overt, of a person's sexuality and physical or mental
integrity as 2 result of being subjected to threat, deception, coercion, abduction, force,
abuse of authority, debt bondage, fraud or through abuse of her/his vulnerability as a means
of achieving gratification, financial gain, and advancement.

{g) Public Officers — refers to any person who, by direct provision of the law, popular election or
appointment by competent authority, shall take part in the performance of public functions
ia the Government of the Philippine Islands, of shail perform in said Government or in any of
its branches public duties as an employee, agent or subordinate official, of any rank or class.

SECTION 4. Punishoble Acts- Prostitution is a crime committed by:
(a) Giving, conveying or delivering money or any other co!
performance or mere demonstration of a sexual act by a person exploited in prostitution,
regardiess of whether the person giving or delivering money or any other consideration is

the recipient of the sexual act; Provided, however, that for purposes of this section, being a
‘recipient shail include persons or crowds before whom a person exploited in prostitution has
actually performed or merely demoostrated the sexual act, provided, further, that the actual

feration in exchange for the actual


performance of the acts by the person exploited in prostitution is not 2 requirement for the
offender to be prosecuted under this provision;

{b) Recruiting, inducing, persuading, enticing, compelling,
procuring a person for the purposes of exploiting a person in prostitution, oF causes 5 Heron
Te work in an establishment knowing that the seme is involved in prostitution activities OF
luhen she/he has reasonable cause to believe that such establishment is involved in the said
activities;

{e) Recruiting another person purpartedly for lawful employment but actually for the purpose
of exploiting the person in prostitution;

{a) Teansporting a person or persons from one place to another for purpose of exploiting the
person or persons in prostitution

fe) Organizing or arranging travel, tours, and other tourism-related activities which involve the
sexual exploitation of another person as defined in Section 3 {f) of this Act or the escort
owces of any person who is expected to perform the sexual acts defined in Section 3 (e) of
this Act;

(6) Receiving, giving or agreeing to receive money or anything of value oF any other
consideration in exchange for ar for the purpose of procuring or recruiting, to any manner, 2
person or persons to be exploited in prostitution;

{g) Deriving profit or advantage from any of the acts defined in this Section as OWnEY, operator,
manager, head, ditector, office or agent of an establishment where the prostitution activity
takes place, or of the establishment serving as a cover or venue for such prostmution activity,
or akiing another establishment or person involved in any prostitution activity:

{h} Any manner or under any pretext advertising, organizing, arranging manceings promoting or

ing the commission of any of the acts prohibited under this section

i) Using, enticing, recruiting, of offering another person 2s part ofa cult or religious obligations
as senual offering or favour to other members of the cult or religious organization;

i) Using information technology such as cyberspace, satelite, television, or 2ny ‘other form of
media to promote or any of the acts defined in this Section;

{k) Committing, causing, promoting, faciltating allowing, or tolerating the commission of any of
the acts defined in this Section or, in any manner, providing protection to the perpetrator:
of the said acts of any member of the military or police establishment, of any government
official or employee, or any person in authority;

{0 Leasing, subleasing, or in any other manner allowing the use of any dwelling, house,
structure or building knowing that the lessee/sub-lessee Intends to use oF uses @ for
prostitution activities as defined in this section, or continues with the lease, sublease or any
txher arrangement for its use knowing that the place is being used for prostitution, For the
purpose of this paragraph, the owner of the dwelling, house, structure, building of 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 he/she
disproves it

‘napping, oF in any manner

facil

For purposes of this Section, itis understood that the prohibited acts of prostitution may be
committed in any establishment as defined in Section 3 (d) above or any ather place not otherwise
mentioned. in Section 3 (d). Furthermore, an attempt to commit any acts defined in this section is
also prohibited.


SECTION 5. Committing child prostitution- Child prostitution 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 2 house, inn, hotel, motel,
pension house; apartelle, or any similar establishment, vessel, vehicle or any hidden or
secluded area, or under circumstances which would lead a reasonable person to believe that
the child is prostituted:

(b) any establishment providing entertainment or relaxation to the public, including, but aot
limited 10, sauna, bath parlour, massage parlour, discotheque, bar, videoke or sing-a-tong
establishment, resort, lodging house, motel and hotel, which employs a child; and

{0) any person receiving services from a child in a sauna parlour or bath, massage chnic, health
club of any other similar establishment.

SECTION 6. Who may commit the prohibited acts. The acts defined In Section 4 of this Act may be
committed by any natural or juridical person, estal
group oF any organization.

hment, association, movement, cul, religious

SECTION 7. Person Exploited in Prostitution os Victims. - Any woman, man or child used or employed
for another person’s sexual gratification, pleasure 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, excepl to the extent referred to under Section 9
(b) hereof.

SECTION 8. 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 i
offender from, or mitigate her/his, criminal lability.

any way exempt the

SECTION 9. Penalties and Sonctions.

(a) Any person found guilty of the acts defined in Section 4 shall suffer the penalty of
imprisonment of 14 years, 8 months and 1 day to 17 years and 4 months unless the person
exploited in prostitution is @ child, in which case the penalty shai be imprisonment of 17
years, 4 months and 1 day to 20 years, without prejudice to the filing of other criminal
charges under other applicable taws.

(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 penaity of imprisonment of 10 years and 1 day
to 12 years for the first offense and imprisonment of 12 years and 1 day to 14 years and 8
months for the succeeding violations and a fine of not less than five hundred thousand
pesos {PhP 500, 000) but not more than one million pesos (PhP 1 000,000),

c) The penaity of imprisonment of 12 years and 1 day to 14 years and 8 months 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 apply to any
offender who is the Segal spouse or common-law spouse of any of the persons
aforementioned. If the offended party is a child, the penalty shall be imprisonment of 14
years, 8 months and 1 day to 17 years and 4 months.


{4} The penalty of life imprisonment and a fine of hundred thousand pesos (PhP $00 000) shalt
tbe imposed on the offender who is a member of the police or military establishment, of 2
government official or employee. In addition, the offender shall be perpetually disquatified
from holding any appointive position or from running for aay elective position in
government.

(e} The owner and operator or manager, of the directars 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 penatty of imprisonment of 20 years and 1 day to 40 years and a
fine of not less than five hundred thousand pesos (PhP 500,000} but not more than one
milion pesos {PhP 1 ,000,000) each; Provided, however, that if the person exploited in
prostitution is 3 child, the pesstty of life imprisonment and a fine of one million pesos (PhP
1,000,000} shall be imposed on the offender.

In addition, the establishment, corporation, partnership or association shall be
immediately closed and its registration and/or license to operate shail be revoked, without
Prejudice to the filing of other charges under other applicable laws.

{f)_ Any person found guilty of any of the acts defined in Section 4 and not falling under Sec:9
{a}, 9{b}, 9(¢) and 9{g) shall suffer the penalty of imprisonment of 12 years and 4 day to 20
years and a fine of three hundred thousand pesos (Php 300,000); Provided, however, that if
the person exploited in prostitution is a child, the penalty of imprisonment of 12 years and 1
day to 20 years and a fine of five hundred thousand pesos (Php 500,000} shail be imposed;
Provided, further, that if the offender is a woman who is exploited or had been exploited in
prostitution, she shall suffer the penalty of 6 months and 1 day to 6 years and no fine shall
be imposed on her.

{g) When the offender is a foreigner, he/she shall be deported immediately after service of
sentence and permanently barred from entry into the country.

th) Any person found guilty of an attempt to commit child prostitution shall suffer the penalty
of imprisonment of 6 years and 1 day to 8 years, 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 manager, or the directors and officers
of the establishment shall suffer the penalty of imprisonment of 8 years and 3 day to 10
years and a fine of three thousand (P300,000);

In addition to the penalty of imprisonment and fine, any person who ts found guilty
of any of the acts provided under Section 4 and 5 of this Act shail undergo a rehabilitation
program and community service with the Department of Social Welfare and Development
(DSWD) which shall not be shorter than three months nor longer that one year, provided
that only first-time offenders shall undergo such rehabilitation and community service
program. The DSWD shail submit to the court 3 report of the rehabilitation and community
service of the offender.

Public officers found guilty of an attempt to commit child prostitution shall, in
addition to the penalty provided for the same, shall suffer the penalty of temporary absolute
disqualification,

SECTION 10. Civil Liabitity for prostitution. -Persons exploited in prostitution may bring a civil action
for damages against the persons allegedly sesponsible for their exptoitation, Such civil action shall be


independent of any criminal proceedings and a preponderance of evidence shall suffice support such
action.

SECTION 11. Appiicability of Republic Act No. 7309 ond Republic Act No, 6981. Persons exploited in
prostitution shall be covered by the Witness Protection, Security and Benefit Act, or Republic Act
No. 6981. They may also file claims with the Board of Claims created under Republic Act 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,

SECTION 12, 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 education and public information campaign against
prostitution and to eradicate the negative views attached te women forced into prostitution. Local
government units may employ elements of the National Sureau of Investigation or the Philippine
National Police 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 suppart for the same, and intervene when necessary.

‘The NBI and PNP shail continuously conduct surveitiance and monitor establishments to
prevent prostitution. They shalt promptly investigate any establishment suspected to be engaged in
activities constituting prostitution under Section 4 of this Act and shail take appropriate measures, i
‘coordination with the local goverment unit concerned and other relevant government agencies, for
the speedy prosecution of the offenders,

‘The Department of Tourism (007) shall undertake corrective and enforcement measures 10
stop activities in tourism constituting, promating or facilitating prostitution.

SECTION 43. Liobitity of loca! gavernment units. Provinces, cities and municipalities shall be lable
Yor 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.

SECTION 44, Requirements for hotels, motels ond lodging houses. Notwithstanding any legislation,
‘ordinance or rule to the contrary, every motel or lodging area shal
(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 doors or any closing mechanism;
{d) Maintain good lightning in alt its entrances, exits, driveways and garages.



No hotel, motel or lodging 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 shalt
have six months from the effectivity of this Act to comply with this provision,

SECTION 15, 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 in taw 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,

(6) the right against any form of discrimination,

(4) 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,

(g) the right to fair and humane treatment,

(th) 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

() the right to be consulted on any governmental initiative affecting them

Persons exploited in prostitution shall not be detained on the occasion of oF by reason of a
raid or in the name of jaw enforcement. There shall be at least one social worker or one
representative from a non-governmental organization known to be working with women exploited
tm 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 nat 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 orresto mayor
in its maximum period, with our prejudice to the filing of other criminal and administrative charges
under applicable laws.

Any journalist, reporter, editor, publisher of 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 arresta 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 {PhP 500,000}. This shail 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 @ method in law
enforcement activities when the same will involve the sexual exploitation of persons as defined in
Section 3 (f} of this Act. A law enforcement officer who resorts to this method shall be punished
under Section 4 (a) of this Act

SECTION 17. Enforcement of iobour laws and regulations. The Bureau of Working Conditions of the
Department of Labour and Employment and its regional, provincia! and district offices 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 labour 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 Anti-Prostitution Council created under this Act.

SECTION 18. The Nationa! Anti-Prostitution Council. There shall be 2 National Anti Prostitution
Council composed of the Department of Sacial Welfare and Development as bead agency, the
National Commission on the Role of Filipina Women, the Department of Labour and Employment,
the TESOA, the Department of Health, the Department of Interior and Local Government, the
Department of Justice, the Nationat Bureau of Investigation, the Philippine National Police, 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 shail include
public information and education campaign against prostitution and on human rights of
women in prostitution, crisis intervention services, educational assistance, and
socioeconomic assistance such as sustainable livelihood skills training and financial support
for small-scale businesses, among others,

(b) Identify and, if necessary, create centres in strategic places all over the Philippines that
will provide health services, including counselling and therapy, temporary shelters and other
crisis intervention services to persons exploited in prostitution. The rape crisis centres
established under Republic Act No. 8505 and the hospital-based protection units for women
and children may also serve as centres servicing persons exploited in prostitution. Each
centre shall establish a network of heatth care and other service providers to address the
needs of persons exploited in prostitution;

{c) Ensure that units are created withia 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:

(d) Ensure that relevant government agencies work In close coordination with each other in
addressing prostitution and the needs of persons exploited in prostitution;

(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 alms 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;

(f} Ensure that local counterparts of the Task Force are created In every municipality, city
and province; and

(g) Promulgate, when necessary, rules and regulations for the effective implementation and
enforcement of this Act.

SECTION 19. 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 Anti-Prostitution Counc, shall make the following services available
to victims of prostitution:

(2) Counsetting:

{b) Free legal services which shall include information about the victim's rights, the procedure

for filling complaints, claiming compensation and azher legal remedies to them;

{e) Emergency shelter or appropriate housing;

{d} Medical or psychological services; and

fe) Livelihood and skills trainiog.

SECTION 20. Appropriation. 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 goverment units are likewise mandated to allot not less than five (5%)Jpescent of
their gender and develapment (GAD) budget and not fess than five (5%) percent of the local
development fund of local government units (LGUs ) for programs, projects and activities aimed to
control prostitution activities their juris

ion

SECTION 21. Separability Clause.-H any provision of this Act is declared invalid or unconstitutional,
the remaining provisions not affected thereby shall continue in full force and effect.

SECTION 22. Suppletory Application. The provision of the Revised Penal Code shall have suppletory
application to this Act.

SECTION 23. Repealing Clause. Articles 202 and 341 of the Revised Penal Code are hereby repealed.
‘AMI other taws, decrees, executive orders, administrative orders, ordinances and rules incansistent
with or contrary to the provisions of this Act are hereby deemed amended, modified or repealed
accordingly.

SECTION 24. Fffectivity Clause. This Act shall take effect fifteen (15) days following its complete
publication in the Official Gazette or in at least two (2) national newspapers of general circulation.

Approved,