Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 1475

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
AMENDING ARTICLE 341 OF REPUBLIC ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE

EXPLANATORY NOTE

The white slavery trade in the country has remained an insurmountable area
of concern due to lack of stringent penalties in our present laws. This major trade
has become a menace to the dignity and welfare of our people especially women
and young children as it reduces them to mere sex objects. Multi-sectoral efforts
from Philippine society and the government have proven to be ineffective given the
ills that presently plague our criminal justice system.

Such alarming reality should push us to amend existing laws to deter, if not
totally eradicate, this inhumane practice of peddling women and children in the white
slavery trade. This bill seeks to provide a higher penalty from such practice,
punishable under Article 341 of the Revised Penal Code, as amended. It likewise
provides for the punishment of persons acting as procurer or recruits of prostitutes.
Sanctions are also imposed against establishments or enterprises which promote,
facilitate or conduct activities constituting prostitution.

As the white slave trade becomes more rampant rather than curtailed, there
is a need to put more teeth into the law and impose higher penalties against those
who transgress and exploit women and young children.

In view of the foregoing considerations, early passage of this bill is earnestly
sought.

DIOSDADO AL ARROYO. GLORIA MACAPAGAL ARROYO
Second District, Camarines Sur econd District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

1475

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
AMENDING ARTICLE 341 OF REPUBLIC ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Article 341 of Republic Act No. 3815, as amended, otherwise
known as the Revised Penal Code, is hereby further amended to read as follows:

"Art. 341. White slave trade: — The penalty of RECLUSION
TEMPORAL [Prision mayor] in its medium and maximum periods shall be
imposed upon any person who, in any manner, or under any pretext, shall
engage in the business or shall profit by prostitution or shall {enlist the
services of any other for the purpose of prostitution]:

(A) ENGAGE IN OR PROMOTE, FACILITATE OR INDUCE
PROSTITUTION WHICH INCLUDE, BUT ARE NOT LIMITED TO, THE
FOLLOWING:

1. ACTING AS A PROCURER OF A PROSTITUTE;

2. INDUCING A PERSON TO BE A CLIENT OF A
PROSTITUTE BY MEANS OF WRITTEN OR ORAL
ADVERTISEMENTS OR OTHER SIMILAR MEANS;


3. TAKING ADVANTAGE OF ANY ASCENDANCY,
INFLUENCE OR RELATIONSHIP TO PROCURE A PERSON AS
A PROSTITUTE:

4, THREATENING OR USING VIOLENCE TOWARDS A
PERSON TO ENGAGE HIM/HER AS A PROSTITUTE; OR

5. GIVING MONETARY CONSIDERATION, GOODS OR
OTHER PECUNIARY BENEFIT TO A PERSON WITH THE
INTENT TO ENGAGE SUCH PERSON IN PROSTITUTION; OR

(B) DERIVE PROFIT OR ADVANTAGE FROM PROSTITUTION,
WHETHER AS MANAGER OR OWNER OF THE ESTABLISHMENT
WHERE THE PROSTITUTION TAKES PLACE, OR OF THE SAUNA,
DISCO, BAR, RESORT, PLACE OF LEISURE AND/OR
ENTERTAINMENT OR ESTABLISHMENT SERVING AS A COVER OR
WHICH ENGAGES IN PROSTITUTION IN ADDITION TO THE ACTIVITY
FOR WHICH THE LICENSE HAS BEEN ISSUED TO SAID
ESTABLISHMENT.

FOR PURPOSES OF THIS ACT, THE TERM PROSTITUTE
SHALL MEAN ANY PERSON WHO, FOR MONEY, PROFIT OR ANY
FORM OF MATERIAL CONSIDERATION OR ADVANTAGE SHALL
HABITUALLY OR WITH INTENT TO HABITUALLY ENGAGE OR
INDULGE IN SEXUAL INTERCOURSE OR LASCIVIOUS CONDUCT.”

SECTION 2. Common Penal Provisions. — The penalty provided under
this Act shall be imposed in its maximum period if the offender:

(a) has been previously convicted under this Act or under Article
341 of the Revised Penal Code, as amended, in its form prior to its
amendment by this Act;

(b) is, in reference to the prostitute, an ascendant, parent, guardian,
stepparent or collateral relative within the second degree of consanguinity
or affinity;

(c) is a manager or owner of an establishment which has no
license to operate or its license has expired or has been revoked;

(d) is a foreigner, who shalll likewise be deported immediately after
service of sentence and forever barred from entry to the Philippines; and

(e) is a public officer or employee, who shall likewise suffer the
penalty of perpetual or temporary absolute disqualification.


In addition to the penalty of imprisonment, a fine to be determined by the
court, which shall not be less than One Hundred Thousand Pesos
(Php100,000.00), shall be imposed. Said fine shall be administered as a cash
fund by the Department of Social Welfare and Development (DSWD) and
disbursed, for the rehabilitation of each prostitute victim and any immediate

member of his/her family if the latter is the perpetrator of the offense, in this
order.

When the offender is a corporation, partnership or association, the officer,
director, employee or agent thereof who is responsible for the violation of this Act
shall suffer the corresponding penalty imposed.

SECTION 3. Rules and Regulations. — Unless otherwise provided in this
Act, the Department of Justice (DOJ), in coordination with the DSWD, shall
promulgate rules and regulations for the effective implementation of this Act.

SECTION 4. Repealing Clause. — All laws, presidential decrees, executive
orders, rules and regulations which are contrary to the provision of this Act are
hereby repealed, amended and modified accordingly.

SECTION 5. Separability Clause. — \f any part of this Act shall be held to
be unconstitutional or invalid, other parts or provisions hereof which are not
affected thereby shall continue to be in full force and effect.

SECTION 6. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in at least two (2) newspapers of general circulation.

Approved,