NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
)
SENATE 
S. No. 5H7
senate
' 
»(tl)f SrtrMory
72 JUL13 P5 75
RECEIVED BY;
Introducad by Senator PIA S. C^'YETANO
AN ACT
ADDRESSING THE SYSTEM OF PROSTITUTION, IMPOSING PENALTIES ON 
ITS PERPETRATORS, PROVIDING PROTECTIVE MEASURES AND SUPPORT 
SERVICES FOR ITS VICTIMS, REPEALING "OR THE PURPOSE ARTICLES 202 
AND 341 OF THE PENAL CODE
EXPLANATORY NOTE
The United Nations on the Elimination of Discrimination Against Women 
(CEDAW Committee) affirms that the trafficking, exploitation, and prostitution of 
women and girls "is unequivocally a phenomenon rooted in structural sex-based 
discrimination, constituting gender-based violence".1 Locally, the Philippine 
Commission on Women takes the position that prostitution is "an exploitative system 
that commodifies, objectifies and dehumanizes [persons] who are being sold within 
it".2
This proposed measure, which was left pending in the past Congresses, was first 
introduced by then Sen. Miriam Defensor-Santiago in the 14th Congress.
It seeks to address the root of the problem by shifting the accountability of 
prostitution from the prostituted person to the exploiters, including the traffickers, 
pimps, brothel owners, organized crime members, and corrupt officials. The bill 
likewise seeks to change the public perception and treatment of persons exploited in 
prostitution as victims of the system and not as criminals. It provides for mechanisms 
to ensure that the human rights of prostituted persons are upheld, and for them to be
1 https://www.equalitynow.org/news_and_insights/a_significant_step_forward_cedaw_2020/
2 https://pcw.gov.ph/enacting-the-anti-prostitution/


extracted out of the system and reintegrated into society through rehabilitation 
programs.
It is for these reasons that I earnestly seek the approval of this bill.
PIA ST. CAYE^NO^


Senate
NINETEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES 
F/rst Regular Session
)
)
SENATE 
s. No. _557
of tl)p
72 vRl 13 P5 25
Introdu':ed by Senator PIA S. CAYETANO
AN ACT
ADDRESSING THE SYSTEM OF PROSTITUTION, IMPOSING PENALTIES ON ITS 
PERPETRATORS, PROVIDING PROTECTIVE MEASURES AND SUPPORT SERVICES 
FOR ITS VICTIMS, REPEALING FOR THE PURPOSE ARTICLES 202 AND 341 OF THE 
PENAL CODE
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Short Title. - This Act shall be known as "The Anti-Prostitution Act" 
Sec. 2. Declaration of loiicies. - The StcTe:
(a) 
Declares its commitment to end the continuing sexual exploitation of 
women, men and children, and all forms of gender-based violence;
(b) 
Recognizes prostitution as a human rights violation that 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 of prostitution and must therefore be given 
protection and support by the State, instead of being treated as 
criminals; and
(d) 
Recognizes that eliminating prostitution is essential for women, men 
and children to genuinely and meaningfully participate in nation­
building.
Sec. 3. Definition of Terms. - As used in this Act:
(a) Prostitution means any act, transaction, scheme, or design involving 
the use or exploitation of a person, whether woman, man or child, 
for the sexual gratification or pleasure of another in exchange for
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cash, profit or other consideration, or any act that promotes or 
facilitates the accomplishment of the said act, transaction, scheme 
or design.
(b) 
Person Exploited in Prostitution means any woman, man or child 
used, employed or exploited for another person's sexual gratification 
or pleasure, and for the monetary gain or profit of others, as defined 
in Section 4 of this Act
(c) Childany 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 means the participation or engagement of a 
person for any sexual act in exchange for cash, profit or other 
consideration as a result of being subjected to a threat, deception, 
coercion, abduction, force, abuse of authority, debt bondage, fraud 
or through abuse of his/her vulnerability.
(e) 
Sexual Act vf\eans lascivious conduct or sexual intercourse. Including 
genital-to-genital, oral-to-genital, anal-to-genital, or oral-to-anal 
intercourse or contact, bestiality, masturbation, sadistic or 
masochistic abuse, exhibition of the genitals or pubic area of any 
person, and other acts of a sexual na^ ure v\/he:her the same is made 
between persons of the same or opposite sex.
(f) 
Establishment means any business, enterprise or establishment, 
including, but not limited to, sauna, bath, massage parlor, 
discotheque, bar, restaunnt, resort, lodging house, motel, hotel, 
theater, or any dwelling house, structure or building serving as a 
cover or venue for prostitution, or any vehicle, including but not 
limited to ship, vessel, automobile, cab, or taxi or any group, 
association or organization that engages in prostitution activities as 
defined in Section 4 of this Act.


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(g)
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Sec. 4. /
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(a)
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(b)
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(c)
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(d)
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(e)
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(f)
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(g)
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refers to, but not limited to, fanatic groups that entice, recruit 
or condition any person to become sexual offerings in organizational 
rituals or in other circumstances as part of membership requirement.
in exchange for the actual performance or mere demonstration of a 
sexual act by a person exploited in prostitution, regardless of whether 
the person giving or delivering money or any other consideration is 
the recipient of such sexual act;
Any person who is the recipient of a sexual act as defined in Section 
3(e) of this Act, whether such a recipient has given or delivered 
money or any other consideration for the procurement of a person 
exploited in orostitution; Provided, however, that for purposes of this 
Section, a recipient shall include any person or persons or a crowd 
with whom a person exploited in prostitution has actually performed 
or merely demonstrated such a sexual act;
Any person who offers anotner person for sexual exploitation in 
exchange for money or any other consideration;
Any person who induces, persuades, entices, compels, kidnaps, 
recruits or in any manner procures or causes a person to serve in an 
establishment knowing that che same is involved in prostitution 
activities or when he/she has reasonable cause to believe that such 
establishment is involved in the said activities;
Any person who uses information technology or any form of media 
for the purpose of prostitution;
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 act;
Any person who, as a 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;


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(h) Any person who derives profit or advantage from any of the
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prohibited acts defined in this Section as owner, operator, manager,
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head, director, officer, or agent of the establishment where any
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prostitution activity defined in this Section cakes place, or of the
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establishment serving as a cover for any such prostitution activity, or
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who aids another establishment or person involved in any
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prostitution activity;
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(i) Any person who leases, subleases, or in any manner allows the use
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of any dwelling, house, structure, building, land or any other properly
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knowing that the lessee/sub lessee intends to use or uses it for
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prostitution activities, as defined in this Section. For the purpose of
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this paragraph, the owner of the dwelling, house, structure, building,
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land or any other property used foi prostitution and his/her agent
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shall be presumed to have knowledge that the place is being used or
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intended to be used for prostitution unless he/she disproves it;
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(j) Any official or employee of any jail or detention center or any person
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connected thereto who commits, causes, pron’Otes, facilitates, allows
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or tolerates the commission of any of the acts defined in this section
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upon inmates, or who, in any manner, provides protection to the
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perpetrators of the said act;
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(k) Any member of the military or police establishment, or any
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government official or employee, or any person in authority who
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commits, causes, or promotes, facilitates, allows, or tolerates the
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commission of any of the acts defined in this Section, or who, in any
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manner, provides protection to the perpetrators of the said acts.
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For purposes of this Section, the prohibited acts of prostitution may be
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committed in any establishment as defined in Section 3(f) above or in any other place
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not otherwise mentioned in Section 3(f). Furthermore, an attempt to commit any of
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the acts defined in this Section is also prohibited.
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Sec. 5. Person Exploited in Prostitution as Victims. - Any woman, man or child
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used, or employed for another person's sexual gratification, pleasure or exploitation,
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and for the monetary gain or profit of others, as defined in Section 4 of this Act, shall


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be treated as victims of prostitution. As such, they shall not incur any criminal liability 
under this Act, except to the extent referred to under Section 6 (b) hereof.
In addition, the consent of the person exploited in prostitution to the 
commission of any of the acts defined in Seclon 4 of this Act shall not in any way 
exempt the offender from, or mitigate, his/her criminal liability.
Sec. 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 (PI,000,000.00) but not more than Two 
Million Pesos (P2,000,000.00);
(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 
penalty of imprisonment of ten (10) years fcr the first offense and 
fifteen (15) years for the succeeding violations 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) Any person guilty of attempting to commit am/ 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 (PI,000,000.00);
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When the offender is any establishment as defined in this Act, the 
penalty sha^' be imposed upon the o^'mer 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 (DSWD) for such 
period as the DSWD may aetermine which shall not be less than one


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(1) year. The unauthorized removal of such sign shall be punishable
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by imprisonment of six (6) months;
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(e) When the offender is a foreigner, he or she shall be deported
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immediately after service of sentence and permanently barred from
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entry into the country;
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(f) Any person found guilty of committing or attempting to commit any
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of the prohibited acts under Section 4 shall, in addition to the
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penalties stated in this section, undergo counseling, rehabilitation
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and rnanda' ory education on che human rights situation of victims of
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prostitution with DSWD or its accredited Non-Governmental
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Organization (NGO) for a period of not less than three (3) months
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but not longer than one (1) year. The DSWD shall submit to the court
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a report on the rehabilitation of the offender.
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Sec. 7. Civil Liability for Prostitution. - Persons exploited in prostitution may file
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independent civil cases for damages against the persons, natural or juridical,
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responsible for their exploitation.
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Provinces, cities and municipalities shall be liable for damages, in addition to
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any other criminal or administrative liability under existing laws, to persons exploited
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in prostitution when it is proven that the responsible authorities had knowledge or
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were informed of the activities constituting prostitution but did not take proper action
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within a reasonable period of time. For purposes of this Section, the responsible
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authorities shall be deemed to have knowledge of the production activities when the
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same are of common knowledge in the community.
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Sec. 8. Prosecution of Cases. - The person exploited in prostitution, his/her
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parents, spouse, siblings, children or legal guardian, law enforcement agencies, or the
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Inter-Agency Council Against Trafficking and Prostitution (lACATP) created under this
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Act or any person who has personal knowledge of the commission of any offense
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under this Act, may file a complaint for prostitution.
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Sec. 9. Venue. - A criminal action arising from a violation of this Act shall be
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filed where the offense was committed, or where any of its elements occurred, or
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where the person exploited in prostitution actuallv resides at the time of the


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commission of the offense; Provided^ that the court where the criminal action is first
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filed shall acquire jurisdiction to the exclusion of other courts.
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Sec. 10. Prescriptive Period. - Cases under this Act shall prescribe in twenty
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(20) years. The prescriptive period shall commence to run from the day on which the
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person exploited in prostitution is delivered or roleased from the situation of
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exploitation and shall be interrupted by the filing of the complaint or information. It
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shall commence to run again when such proceedings terminate without the accused
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being convicted or acquitted or are unjustifiably stopped for any reason not imputable
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to the accused
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Sec. 11. Exemption from Fiiing Fees. - When the victim of prostitution institutes
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a separate civil action, he or she shall be exempt from the payment of filing fees.
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Sec. 12. Confiscation and Forfeiture of the Proceeds and Instruments Derived
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from Prostitution. - In addition to the penalty imposed for the violation of this Act, the
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Court shall order the confiscation and forfeiture, in favor of the government, of all the
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proceeds and properties derived from the commission of the crime, unless they are
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the property of a third person not liable for the unlawful act; Provided, however, that
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all awards for damages shall be taken from the personal and separate properties of
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the offender; Provided, further. That if such properties are insufficient, the balance
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shall be taken from the confiscated and forfeited properties.
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When the proceeds, properties and instruments of the offense have been
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destroyed, diminished in value or otherwise rendered worthless by any act or omission,
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directly or indirectly, of the oTender, or it has been concealed, removed, converted or
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transferred to prevent the same from being found or to avoid forfeiture or confiscation,
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the offender shall be ordered to pay the amount equal to the value of the proceeds,
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property or instruments of the offense.
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Sec. 13. Trust Fund. - All fines imposed under this Act and the proceeds and
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the properties forfeited and confiscated pursuant to Section 12 hereof, shall accrue to
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a Trust Fund to be administered by the lACATP to be used exclusively for programs
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that will prevent prostitution and protect, heal, and reintegrate prostituted persons
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into the mainstream of society. Such programs shall include, but are not limited to,
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those provided for under Section 19 sub-parag 'aph (1) of this Act.


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Sec. 14. Human Rights of Persons Exploited in Prostitution. - Persons exploited
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in prostitution have human rights that must be respected, protected and promoted by
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all branches, agencies and instrumentalities of the government, in law enforcement
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drives, criminal prosecution, civil suits, service provision, and program development
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and implementation. These nghts include, but are noc limited to:
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(a) 
The right to be treated as human beings;
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The right to dignity and security of person;
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(c) The right against any form of discrimination;
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The right to equal protection of the law;
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The right to be protected from abuse or exploitation,
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(f) The right to seek redress for violations of their rights and to have their
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complaints appropriately addressed;
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The right to fair and humane treatment;
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(h) The right to sensitive and appropriate legal, health, and other social
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services;
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The right to organize themselves and fight for their legitimate concerns;
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and
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(j) The right to be consulted on any gcvernment initiative affecting them.
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Persons exploited in prostitution shall not be detained on the occasion of, or by
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reason of, a raid, or in the name of law enforcement. There shall be at least one (1)
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social worker or one (1) representative from an NGO known to be working with women
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exploited in prostitution present during raids.
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During raids of establishment, and a'c any stage of the investigation, prosecution
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and trial of complaints for violation of this Act, law enforcers, prosecutors and judges
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shall not disclose to the public the name, personal circumstances and other
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information that will establish the identity of the person exploited in prostitution,
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unless the latter consents th^^reto in writing.
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It shall also be the duty of the law enforcers to ensure that persons exploited
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in prostitution are not exposed to the media on the occasion of a raid. Law enforcers
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who allow or facilitate the exposure to the media of persons exploited in prostitution
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shall suffer the penalty of six (6) months imprisonment, without prejudice to the filing
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of other criminal, civil and administrative charges under applicable laws.
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Sec. 15. Confidentiality. - It shall 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 and other human rights 
of the person exploited in prostitution, shall suffer the penalty of one (1) year 
imprisonment. 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.
Sec. 16 Entrapment Prohibited. - Law enforcers shall r ot 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.
Sec. 17. Requirements for Hotels. Motels and Lodging Houses. - 
Notwithstanding any legislation, ordinance, or rule co che 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; and
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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.


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Sec. 18. Mechanisms for Implementation and Monitoring. - To effectively
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implement and monitor the provisions of this Act, the Inter-Agency Council Against
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Trafficking (lACAT) created under Republic Act No. 9208 or the Anti-Trafficking in
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Persons Act of 2003, shall be expanded and renamed as the Inter-Agency Council
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Against Trafficking and Prostitution (lACATP).
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The Secretary of Department of Justice (DOJ) will continue to serve as the
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Chairperson and the Secretary of DSWD as Co-Chairperson. The membership of the
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lACAT shall be amended to include the following;
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(a) Secretary, Department of the Interior and Local Government
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(b) Secretary, Depai:ment of Health
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(c) Secretary, Department of Tourism
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(d) Director, National Bureau of Investigation
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(e) Director General, Technical Education and Skills Development Authority
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(f) Additional NGO Representative of persons exploited in prostitution.
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Sec. 19. Functions of the lACATP. - The following additional functions shall be
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performed by the lACATP:
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(a) Develop a program addressing prostitution and the needs of persons
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exploited in prostitution and those vulnerable to be exploited in
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prostitution The program shall i:'.elude public information and
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education campaign against prostitution, crisis intervention service,
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education assistance, socio-economic assistance such as sustainable
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livelihood skills training and financial support for small-scale
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businesses, and integration ind complete efter-care programs for
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persons exploited in prostitution, among others;
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(b) Identify and, if necessary, create centers in strategic places all over
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the Philippines that will provide health services, including counseling
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and therapy, temporary shelter and other crisis intervention services
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to persons exploited in prostitution. The rape crisis centers
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established under Republic Act No. 8505 and the hospital-based
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prosecution units for women and children may also serve as centers
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servicing persons exploited in prostitution.
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Each center shall establish a network of health care and other service
providers to address the needs of persons exploited in prostitution;
(c) Ensure that units are created or identified within relevant government 
agencies, particularly those composing the lACATP which 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 (LGUs) 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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Develop and implement a training program for law enforcers, public
prosecutors, judges, government lawyers, government health care 
providers, social workers and 
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;
(f) 
Ensure that local counterparts of the lACATP are created in every 
municipality, city and provinces;
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Undertake to lead the prosecution of any violation of this Act; and
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Promulgate, when necessary, rules and regulations for the effective 
implementation and enforcement of this Act.
Sec. 20. Responsibilities of Local Governnnent Agencies in Anti-Prostitution 
Efforts. - Local government units (LGUs) shall exercise their powers to curb 
prostitution within their respective jurisdictions. LGUs shall create a local lACATP that 
shall combat and prevent any act of prostitution in their area. The local lACATP shall 
be responsible for the monitoring and documentation of cases on prostitution within 
their areas of jurisdiction and shall submit an annual report to the national lACATP. If 
a local committee dealing with issues related to prostitution such as trafficking and 
violence against women and children had already been established, the LGU shall
11


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ensure that programs and services for prostituted persons are integrated in the plan
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of action of the said committee. It shall be unlawful "or any LGU to issue licenses or
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permits for the operation of any establishment that is used or intended to be used for
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any prostitution activity. Any such license or permit already issued prior to the
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effectivity of this Act shall be deemed automatically revoked or cancelled and shall not
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be renewed.
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Other responsibilities of LGUs shall include conducting public information
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campaign against prostitution, carrying out rescue operations and ensuring the safety
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or security of victims of prostitution. LGUs may employ elements of the National
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Bureau of Investigation (NBI) or the Philippine National Police (PNP) as provided for
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under Republic Act No. 6975, as amended by Republic Act No. 8551.
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Sec. 21. Immunity of Government and DSWD-Accredited NGOs from Undue
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Interference. - Members of the national and local lACATP and DSWD-accredited NGOs
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that are involved in the implementation of anti-prostitution programs are granted
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immunity from suit and other legal proceedings in connection with the enforcement
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of said programs.
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Sec. 22. Appropriations. - The amount necessary to carry out the provisions of
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this Act is hereby authorized to be appropriated in the General Appropriations Act of
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the year following the enactment of this law and every year thereafter. All LGUs are
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likewise mandated to allot not less than five percent (5%) of their gender and
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development (GAD) budget and not less than five percent (5%) of the local
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development fund of LGUs for programs, project and activities aimed to control and
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eliminate prostitution activities within their jurisdiction, including the development and
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conduct of deterrent informe’Jon campaigns directed to potent al and actual buyers of
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prostitution sex.
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Sec. 23. Separability Clause. - If any provision of this Act is declared invalid or
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unconstitutional, the remaining provisions shall not be affected thereby and shall
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continue to be in full force.
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Sec. 24. Suppietory Application. - The provisions of Republic Act No. 9208 or
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the Anti-Trafficking in Persons Act shall have suppietory application to this Act.
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Sec. 25. Repealing Clause. - Article 202 and 341 of the Revised Penal Code are 
hereby reoealed. All other fawsA decrees, ordinances and ru!es inconsistent with the 
provisions of this Act are hereby modified or repealed accordingly.
Sec. 26. Effectivity Clause.-J\\\s Act shall take effect fifteen (15) days following 
the completion of its publication in the Official Gazette or in any two (2) newspapers 
of general circulation.
Appro ved/
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