EIGHTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHIUPPINES 
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First Regular Session 
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zi :
S E N A T E
s. No. 501
*19 
JUL 16 
A 8 52
Ri.c:i. . ) .
Introduced 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
EXPLANATORY NOTE
The Philippine Constitution provides that "the State values the dignity of every 
human person and guarantees full respect for human rights." This is likewise 
guaranteed in the Convention on the Elimination of all Forms of Discrimination 
Against Women (CEDAW) to which the Philippines is a signatory.
Prostitution, defined as any act involving the use of a person for sexual 
gratification, pleasure or exploitation, or any act that promotes the latter, is a 
massive problem in our country.
Poverty is often cited as the primary reason why some people choose to 
engage in prostitution. It forces some persons to seek any means to survive -  even 
if it means allowing themselves to be abused and their lives to be endangered. 
Whether voluntary or involuntary, we cannot deny that this system uses, oppresses, 
and violates the rights of persons exploited in prostitution, particularly, women and 
children.


This measure, which was left pending in the past Congresses, was first 
Introduced by 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 extracted out of the system and reintegrated into society 
through rehabilitation programs.
Today, the number of persons exploited in prostitution is approaching the 
millionth mark. Let us not wait for this number to grow even more. Let us not wait 
for the day when we outrank all the other nations with the most number of 
prostitutes. Let us not wait for the day when our country will be recognized as the 
"Haven of Prostitution".
Let us uphold the dignity and the rights of all men, women and children 
involved in prostitution.
It is for these reasons that I earnestly seek the approval of this bill.
PIA S


EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
. 
: 
r)'
S E N A T E  
S. No.
T9 
JUL 16 
A 8 5 2
RIXC;'.;
4:
Introduced 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 o f Representatives o f the Philippines in 
Congress assembled:
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Act."
Section 1. Short Tide. -  This Act shall be known as "The Anti-Prostitution
Sec. 2. Declaration o f Policies. -  The State;
(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 o f Terms. -  As used in this Act:
(a) 
Prostitution means any act, transaction, scheme, or design involving the 
use or exploitation of a person, whether a woman, man or child, for the 
sexual gratification or pleasure of another in exchange for cash, profit, or
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Other consideration, or any act that promotes or facilitates the 
accomplishment o f 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) 
CMct' means any 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 participabon or engagement of a person 
for any sexual act in exchange for cash, profit or other consideration as 
a result of being subjected to threat, deception, coercion, abduction, 
force, abuse of authority, debt bondage, fraud or through abuse of 
his/her vulnerability.
(e) 
Sexual Act means 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 nature whether 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, restaurant, 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.
(g) 
Cult 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.


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Sec. 4. Punishable Acts. -  Prostitution is a crime committed by:
(a) Any person who gives or delivers money or any other consideration 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;
(b) 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 
prostitution; 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;
(c) 
Any person who offers another person for sexual exploitation in 
exchange for money or any other consideration;
(d) 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 the same is involved in prostitution activities 
or when he/she has reasonable cause to believe that such establishment 
is involved in the said activities;
(e) Any person who uses information technology or any form of media for 
the purpose of prostitution;
(f) 
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;
(g) 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;
(h) Any person who derives profit or advantage from any of the prohibited 
acts defined in this Section as owner, operator, manager, head, director, 
officer, or agent of the establishment where any prostitution activity 
defined in this Section takes place, or of the establishment serving as a


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cover for any 
such 
prostitution 
activity, 
or who 
aids another
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establishment or person involved in any prostitution activity;
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(i) 
Any person who leases, subleases, or in any manner allows the use of
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any dwelling, house, structure, building, land or any 
other property
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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 this
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paragraph, the owner of the dwelling, house, structure, building, land or
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any other property used for prostitution and his/her agent shall be
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presumed to have knowledge that the place is being used or intended to
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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, promotes, facilitates, allows or
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tolerates the commission of any of the acts defined in this section upon
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inmates, or who, in any manner, provides protection to the perpetrators
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of the said act; and
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(k) 
Any member of the military or police establishment, or any government
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official or employee, or any person in authority who commits, causes, or
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promotes, facilitates, allows, or tolerates the commission of any of the
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acts defined in this Section, or who, in any manner, provides protection
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to the perpetrators of the said acts.
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For purposes of this Section, it is understood that the prohibited acts of
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prostitution may be committed in any establishment as defined in Section 3(f) above
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or in any other place not otherwise mentioned in Section 3(f). Furthermore, an
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attempt to commit any of 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,
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shall be treated as victims of prostitution. As such, they shall not incur any criminal
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liability under this Act, except to the extent referred to under Section 6 (b) hereof.
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In addition, the consent of the person exploited in prostitution to the
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commission of any of the acts defined in Section 4 of this Act shall not in any way
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exempt the offender from, or mitigate, his/her criminal liability.


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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 (P I,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 for 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 any 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 (P1,000,000.00);
(d) When the offender is any establishment as defined in this Act, the 
penalty shall be imposed upon the owner 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 determine which shall not be less than one (1) year. The 
unauthorized removal of such sign shall be punishable by imprisonment 
of six (6) months;
(e) When the offender is a foreigner, he or she shall be deported 
immediately after service of sentence and permanently barred from 
entry into the country;


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(f) 
Any person found guilty of committing or attempting to commit any of
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the prohibited acts under Section 4 shall, in addition to the penalties
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stated in this section, undergo counseling, rehabilitation, and mandatory
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education on the human rights situation of victims of prostitution with
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DSWD or its accredited Non-Governmental Organization (NGO) for a
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period of not less than three (3) months but not longer than one (1)
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year. The DSWD shall submit to the court a report on the rehabilitation
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of the offender.
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Sec. 7. Civil Liability for Prostitution. -  Persons exploited in prostitution may
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file 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
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action within a reasonable period of time. For purposes of this Section, the
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responsible authorities shall be deemed to have knowledge of the production
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activities when the same are of common knowledge in the community.
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Sec. 8. Prosecution o f Cases. -  The person exploited in prostitution, his/her
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parents, spouse, siblings, children or legal guardian, law enforcement agencies, or
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the Inter-Agency Council Against Trafficking and Prostitution (lACATP) created under
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this Act or any person who has personal knowledge of the commission of any
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offense 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 actually 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
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the person exploited in prostitution is delivered or released 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
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imputable to the accused.
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Sec. 11. Exemption from Filing Fees. -  When the victim of prostitution
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institutes a separate civil action, he or she shall be exempt from the payment of
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filing fees.
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Sec. 12. Confiscation and Forfeiture o f the Proceeds and Instruments Derived
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from Prostitution. -  In addition to the penalty imposed for the violation of this Act,
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the Court shall order the confiscation and forfeiture, in favor of the government, of
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all the proceeds and properties derived from the commission of the crime, unless
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they are the property of a third person not liable for the unlawful act; Provided,
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however, that all awards for damages shall be taken from the piersonal and separate
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properties of the offender; Provided, further. That if such properties are insufficient,
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the balance 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
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omission, directly or indirectly, of the offender, or it has been concealed, removed,
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converted or transferred to prevent the same from being found or to avoid forfeiture
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or confiscation, the offender shall be ordered to pay the amount equal to the value
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of the proceeds, 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
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to a Trust Fund to be administered by the lACATP to be used exclusively for
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programs that will prevent prostitution and protect, heal, and reintegrate prostituted
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persons into the mainstream of society. Such programs shall include, but are not
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limited to, those provided for under Section 19 sub-paragraph (1) of this Act.
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Sec. 14. Human Rights o f Persons Exploited in Prostitution. -  Persons
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exploited in prostitution have human rights that must be respected, protected, and
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promoted by all branches, agencies, and instrumentalities of the government, in law
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enforcement drives, criminal prosecution, civil suits, service provision, and program
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development and implementabon. These rights include, but are not limited to:
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(a) The right to be treated as human beings;
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(b) The right to dignity and security of person;
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(c) The right against any form of discrimination;
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(d) The right to equal protection of the law;
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(e) 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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(g) 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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(i) 
The right to organize themselves and fight for their legitimate concerns;
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and
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(j) The bght to be consulted on any government initiative affecting them.
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Persons exploited in prostitution shall not be detained on the occasion of, or
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by reason of, a raid, or in the name of law enforcement. There shall be at least one
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(1) social worker or one (1) representative from an NGO known to be working with
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women exploited in prostitution present during raids.
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During raids of establishment, and at any stage of the investigation,
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prosecution and trial of complaints for violation of this Act, law enforcers,
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prosecutors, and judges shall not disclose to the public the name, personal
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circumstances, and other information that will establish the identity of the person
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exploited in prostitution, unless the latter consents thereto 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
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filing 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,
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reporter, editor, publisher, or producer of print and broadcast media to protect the
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identity and privacy of persons exploited in prostitution, most particularly on the
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occasion of a raid or rescue operation. Any journalist, reporter, editor, publisher, or
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producer of print and broadcast media, who exposes to the public the identity of any
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person exploited in prostitution without her or his consent thereto in writing, or
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causes the publication of any picture or video that violates the dignity and other
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human rights of the person exploited in prostitution, shall suffer the penalty of one
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(1) year imprisonment. In addition, the owner or publisher of the print or broadcast
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media found guilty of the violation shall pay a fine of Five Hundred Thousand Pesos
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(P500,000.00). This shall be without prejudice to the right of persons exploited in
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prostitution to file a civil action for damages for the violation of their human rights or
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for any injury caused them by the publication.
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Sec. 16. Entrapment Prohibited. -  Law enforcers shall not use entrapment as
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a method in law enforcement activities when the same will involve the sexual
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exploitation of persons as defined in Section 3(b) of this Act. A law enforcement
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officer who resorts to this method shall suffer the penalty of eight (8) years
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imprisonment.
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Sec. 
17. 
Requirements fo r Hotels, 
Motets and Lodging Houses. -
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Notwithstanding any legislation, ordinance, or rule to the contrary, every hotel,
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motel or lodging area shall:
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(a) 
Maintain a reception and registration area for guests and patrons that is
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readily within the public view;
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(b) 
Maintain open garages, or those that do not have doors or any closing
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mechanism; and
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(c) 
Maintain good lighting in all its entrances, exists, driveways and garages.
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No hotel, motel or lodging house shall be allowed to operate in any part of
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the Philippines without complying with the preceding requirements.
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For the purpose of this Section, hotels, motels, and lodging houses already
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operating shall have six (6) months from the effectivity of this Act to comply with
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this provision. Failure of any hotel, motel and lodging house to comply with this
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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, Department 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 o f 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 include public information and education
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campaign against prostitution, crisis intervention service, education
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assistance, socio-economic assistance such as sustainable livelihood
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skills training and financial support for small-scale businesses, and
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integration and complete after-care programs for persons exploited in
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prostitution, among others;
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(b) Identify and, if necessary, create centers in strategic places all over the
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Philippines that will provide health services, including counseling and
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therapy, temporary shelter and other crisis intervention services to
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persons exploited in prostitution. The rape crisis centers established
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under Republic Act No. 8505 and the hospital-based prosecution units
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for women and children may also serve as centers servicing persons
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exploited in prostitution.
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Each center shall establish a network of health care and other service
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providers to address the needs of persons exploited in prostitution;
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(c) Ensure that units are created or identified within relevant government
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agencies, particularly those composing the lACATP which shall focus on
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addressing 
prostitution 
and 
the 
needs 
of persons 
exploited 
in
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prostitution.
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This shall include units within the National Prosecution Service Offices in
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local government units (LCDs) that shall specifically focus on the
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prosecution of offenders under this Act;
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(d) 
Ensure that relevant government agencies work in close coordination
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with each other in addressing prostitution and the needs of persons
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exploited in prostitution;
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(e) 
Develop and implement training programs for law enforcers, public
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prosecutors, judges, government lawyers, government health care
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providers, social workers and barangayQl^\z\d\s that aim to increase their
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understanding of prostitution as a system, and equip them with the
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perspective and skills to appropriately address the needs of persons
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exploited in prostitution, respect, protect and promote their human
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rights, and pursue the prosecution of offenders;
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Ensure that local counterparts of the lACATP are created in every
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municipality, city and provinces;
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Undertake to lead the prosecution of any violation of this Act; and
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(h) 
Promulgate, when necessary, rules and regulations for the effective
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implementation and enforcement of this Act.
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Sec. 20. Responsibilities o f Local Government Agencies in Anti-Prostitution
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Efforts. -  Local government units (LGUs) shall exercise their powers to curb
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prostitution within their respective jurisdictions. LGUs shail create a local lACATP
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that shall combat and prevent any act of prostitution in their area. The local lACATP
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shall be responsible for the monitoring and documentation of cases on prostitution
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within their areas of jurisdiction and shall submit an annual report to the national
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lACATP. If a local committee dealing with issues related to prostitution such as
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trafficking and violence against women and children had already been established,
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the LGU shall ensure that programs and services for prostituted persons are
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integrated in the action plan of the said committee. It shall be unlawful for any LGU
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to issue licenses or permits for the operation of any establishment that is used or
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intended to be used for any prostitution activity. Any such license or permit already
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issued prior to the effectivity of this Act shall be deemed automatically revoked or
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cancelled and shall not 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
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safety or security of victims of prostitution. LGUs may employ elements of the
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National Bureau of Investigation (NBI) or the Philippine National Police (PNP) as
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provided for under Republic Act No. 6975, as amended by Republic Act No. 8551.
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Sec. 21. Im m unity o f Government and DSWD-Accredited NGOs from Undue
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Interference. -  Members of the national and local lACATP and DSWD-accredited
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NGOs that are involved in the implementation of anti-prostitution programs are
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granted immunity from suit and other legal proceedings in connection with the
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enforcement of said programs.
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Sec. 22. Appropriations. -  The amount necessary to carry out the provisions
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of this Act is hereby authorized to be appropriated in the General Appropriations Act
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of the year following the enactment of this law and every year thereafter. All LGUs
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are 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
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and conduct of deterrent information campaigns directed to potential and actual
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buyers of prostitution sex.
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Sec. 23. Separability Clause. -  If any provision of this Act is declared invalid
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or 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, as amended by Republic Act No.
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10158 and 341 of the Revised Penal Code are hereby repealed. All other laws,
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decrees, ordinances and rules inconsistent with the provisions of this Act are hereby
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modified or repealed accordingly.
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Sec. 26. Effectivity Clause. -  This Act shall take effect fifteen (15) days
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following the completion of its publication in the Official Gazette or in any two (2)
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newspapers of general circulation.
Approved,
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