" 
SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'i':l 
JAN "5 P 3 :57 
SENATE 
S.No. 
,2555 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING ARTICLE 202, PARAGRAPH 5 OF THE PENAL CODE, 
DEGENDERIZING PROSTITUTION AND PROVIDING PENAL TIES FOR 
PERSONS WHO ENGAGE THEIR SERVICES 
EXPLANATORY NOTE 
The State subscribes to the view that discrimination against women is 
incompatible with human dignity and constitutes disrespect for human rights. In 
fact, the Constitution, Article 11, Section 14 provides: 
"The State recogmzes the role of women in nation 
building and shall ensure the fundamental equality before 
the law of women and men." 
Towards this end, there is a need to review and consequently amend existing 
laws which are contrary to this fundamental principle to remove unjustified gender 
discrimination in our legal system. The Penal Code, Article 202, which penalizes 
vagrancy and prostitution, is one of these. While men also engage in prostitution, it 
is unfortunate that only women are penalized in this article. The proposed measure 
seeks to address this by engendering the otTense so as to allow the prosecution of 
male prostitutes. I 
~'-
4J~~).,;J:;w 
MIRIAM DEF 
SOR SANT(AGO 
11' 
' 
I This bill was originally filed during the Thirteenth Congress, First Regular Session 
1 


SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
" :~, 
JAN ··5 P 3 :57 
SENATE 
S. No. 
2555_ 
. 
. X: 
. : , 
, I' :.!. - u---
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
2 
AMENDING ARTICLE 202, PARAGRAPH 5 OF THE PENAL CODE, 
3 
DEGENDERIZING PROSTITUTION AND PROVIDING PENAL TIES FOR 
4 
PERSONS WHO ENGAGE THEIR SERVICES 
Be it enacted by the Senate and House of Representatives of the Philippines 
in Congress 
assembled: 
5 
SECTION 1. This Act shall be1known as the "Anti-Solicitation Act." 
6 
SECTION 2. Paragraph 5, Article 202 of the Penal code is hereby amended 
7 
to read as follows: 
8 
"5. Prostitutes [.J AND THEIR CLIENTS. 
9 
"F or the purposes of this article, PERSONS [women J who, for 
10 
money or profit, habitually indulge in sexual intercourse or lascivious 
11 
conduct are deemed to be prostitutes. 
12 
"PERSONS WHO ACTUALLY SOLICIT, ENGAGE OR 
13 
EMPLOY THE SERVICES OF PROSTITUTES, DIRECTLY OR 
14 
INDIRECTLY, ARE DEEMED CLIENTS OF PROSTITUTES. 
15 
"Any person found guilty of any of the oilenses covered by this 
16 
article shall be punished by arresto menor or a fine not exceeding 
17 
Two Hundred Pesos (P200.00), and in case of recidivism, by arresto 
18 
mayor in its medium period to prisioll correccional in its minimum 
1 


1 
period or a fine ranging from Two Hundred to Two Thousand Pesos 
2 
(P2,OOO.OO) or both, AT [in] the discretion of the court [.]: 
3 
PROVIDED, THAT IN THE CASE OF A CLIENT AS DEFINED IN 
4 
THIS ARTICLE, HE OR SHE SHALL BE PUNISHED BY 
5 
ARRESTO MAYOR OR A FINE NOT EXCEEDING FIVE 
6 
HUNDRED 
PESOS 
(P500.00) 
AND 
IN 
THE 
CASE 
OF 
7 
RECIDIVISM, BY PRISION CORRECCIONAL IN ITS MEDIUM 
8 
PERIOD TO PRISION CORRECCIONAL IN ITS MAXIMUM 
9 
PERIOD OR A FINE NOT EXCEEDING FIVE THOUSAND 
10 
PESOS (P5,OOO.OO), OR BOTH, AT THE DISCRETION OF THE 
11 
COURT. 
12 
SECTION 3. Separability Clause. - If any provision or part hereof is held 
13 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
14 
affected shall remain valid and existing. 
15 
SECTION 4. Repealing Clause. - Any law, presidential decree or issuance, 
16 
executive order, letter of instruction, administrative order, rule or regulation 
17 
contrary to, or inconsistent with, the provision of this Act is hereby repealed, 
18 
modified or amended accordingly. 
19 
SECTION 5. E/!ectivity Clause. - This Act shall take effect fifteen (15) days 
20 
after its publication in at least two (2) newspapers of general circulation. 
Approved, 
lapm121S2014 
2