EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S. No
SENATE
785
(©({iff of tlir £>. 'r.'tarp
'19 
JUL 25 P4--47
RECE!'. J5-
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
ADDRESSING THE SYSTEM OF PROSTITUTION, IMPOSING PENALTIES ON 
ITS PERPETRATORS, PROVIDING PROTECTIVE MEASURES AND SUPPORT 
SERVICES 
FOR 
ITS 
VICTIMS, 
AND 
DECRIMINALIZING 
VAGRANCY, 
REPEALING FOR THE 
PURPOSE ARTICLES 202 AND 341 OF THE REVISED 
PENAL CODE AND AMENDING R.A. 9208, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The State values the dignity of every human person and guarantees full respect 
for individual human rights. Further, the Constitution provides that Congress shall give 
highest priority to the enactment of laws that protect and enhance the rights of all 
people to human dignity and protect the people from any threat of violence and 
exploitation.
As a signatory to the Convention on the Elimination of All Forms of Discrimination 
Against Women (CEDAW), the State shall undertake, among other things, to "take all 
appropriate measures, including legislation, to suppress all forms of traffic in women 
and exploitation of prostitution of women." Moreover, the Convention for the 
Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of 
Others requires the Philippines as a state party, to punish any person who "procures, 
entices or leads away, for purposes of prostitution, another person, even with the 
consent of that person," "exploits the prostitution of another person, even with the 
consent of that person", or runs a brothel or rents accommodations for prostitution 
purposes." It further states that "prostitution and the accompanying evil of the traffic in 
person and endanger the welfare of the individual, the family and the community."
Republic Act No. 9710 or the Magna Carta of Women (MCW) which is the 
Philippines' local translation of CEDAW recognizes that prostitution is an act of violence 
against women (VAW) from which women should be protected. It also provides for the


amendment or repeal of laws that are discriminatory to women which, among others, 
include Article 202 of the Revised Penal Code (RPC) on the definition of prostitution.
Republic Act No. 9208 or the Anti-Trafficking in Persons Act, as amended by 
Republic Act No. 10364 also recognizes prostitution as a form of exploitation but fails to 
fully address the criminal liability of customers. Criminal liability is restricted to 
customers for they will only be prosecuted if they knew that the prostituted women had 
been trafficked, in which case big evidentiary problems may arise and customers are 
very unlikely to report suspicions about trafficking if doing so will expose them to 
prosecution. It is therefore recognized that trafficking does not always the ordinary 
pattern of supply and demand, unlike prostitution.
Republic Act No. 10158 or an An Act Decriminalizing Vagrancy only repealed 
Article 202 provisions in the RPC that pertain to vagrancy, leaving behind the provision 
that penalizes prostituted women, notwithstanding their exploitation in the prostitution. 
The existing provision on prostitution is discriminatory against women since their being 
prostituted treats them as criminals when they, in fact, are the ones exploited and 
victimized. Law enforcement and legal sanctions are exclusively focused on prostituted 
women and not those who exploit them and create the demand side of prostitution like 
the pimps, customers or buyers of sex, exploiters, and brothel owners, among others.
As it is in prostitution, the women and children are considered commodities that 
are acquired in exchange for money, made to perform unwanted sexual acts, violently 
abused and sometimes killed. 
Because of current laws on prostitution, the victims' 
rights are violated several times more as law enforcers arrest and sexually abuse the 
women and children, extract money from them and imprison them, away from their 
families.
In a 1998 report of the ILO, it was estimated that there were about 100,000 to
600.000 prostituted persons in the Philippines. Of this number, an estimated 60,000 to
100.000 are prostituted children, according to UNICEF and 
non-governmental 
organizations. Annually, it is also estimated that 3,266 children are being brought to 
prostitution. A 2009 study by Magnolia Yrasuegui and Priya Esselborn of Deutsche Welle 
entitled "Philippines: Women Struggling to Achieve Sexual Equality," revealed that there 
were around 800,000 prostituted persons in the country where half of them are


i. *
children. The Philippines ranked fourth among nine nations with the most number of 
children in prostitution as revealed in a 1997 study of UNICEF.
Prostitution is always viewed as a problem about women and children -  those 
usually bought. However, it is also a problem about business establishments and about 
the buyers, who are predominantly men.
When prostitution is solely seen as a problem about women, they are the ones 
questioned and subsequently stigmatized. 
This law seeks to shift the accountability 
from the bought to the business and the buyers who really gain from the system of 
prostitution.
These violations of human rights against the victims in prostitution have been 
going on with impunity. Prostitution has been normalized even as its victims die slowly 
from the harms and the violence within prostitution.
International instruments such as the 1949 Convention for the Suppression of 
Prostitution and the Convention for the Elimination of Discrimination Against Women 
clearly encourages states to stop violence against women, including and in particular all 
forms of sexual exploitation. As a party to the Convention, the Philippine State, is 
therefore obliged to institute mechanisms to eliminate various forms of sexual 
exploitation, including prostitution.
This bill seeks to decriminalize the prostituted person and address the demand 
side of prostitution by shifting the criminal liability from the prostituted persons to those 
who exploit persons in prostitution and broaden the base of illegality of the said act. 
This also proposes protection and institutionalization of support services for victims or 
persons exploited in prostitution such as counseling, legal services, medical or 
psychological services, emergency shelter, livelihood skills training, and educational 
assistance, among others.
Several legislative measures repealing Article 202 if the RPC and enacting a new 
anti-prostitution law were filed since the previous Congresses but were not approved. 
Hence the immediate passage of this bill is earnestly requested.


In view of the need to eliminate prostitution and to penalize its perpetrators and 
patrons, the immediate passage of this bill is earnestly urged.
RISA HONTIVEROS 
V 
Senator


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
)
)
)
SENATE
S. No.
785
of t') ‘'
'19 
JUL 25 P4-47
RECli i . j
P -
INTRODUCED BY SENATOR RISA HONTIVEROS
AN ACT
ADDRESSING THE SYSTEM OF PROSTITUTION, IMPOSING PENALTIES ON 
ITS PERPETRATORS, PROVIDING PROTECTIVE MEASURES AND SUPPORT 
SERVICES 
FOR 
ITS 
VICTIMS, 
AND 
DECRIMINALIZING 
VAGRANCY, 
REPEALING FOR THE 
PURPOSE ARTICLES 202 AND 341 OF THE REVISED 
PENAL CODE AND AMENDING R.A. 9208, AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House o f Representatives o f the Philippines in 
Congress Assembled:
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2019."
Section 1. Short Title. -  This Act shall be known as "The Anti-Prostitution Act of
/
Sec. 2. Declaration o f Policies. -  The State;
a) values the dignity of every human person and guarantees the respect of 
individual rights. In pursuit of this policy, the Constitution provides that 
the State shall give highest priority to the enactment of measures and 
development of programs that will promote human dignity and protect 
the people from any threat of violence and exploitation. The State, 
consistent with the Magna Carta of Women (MCW), also recognizes that 
prostitution is a human rights violation and women and children are 
systematically victimized 
and 
sexually exploited, 
and 
declares 
its 
commitment to eliminate prostitution, not only to support persons 
exploited in prostitution but more importantly, to ensure recovery, 
rehabilitation and reintegration into the mainstream society.
b) In accordance with the relevant international instruments, recognizes the 
equal rights and inherent human dignity of women and men as enshrined 
in the United Nations Universal Declaration on Human Rights, Convention 
on the Elimination of All Forms of Discrimination Against Women,


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Convention on the Rights of the Child, Convention Against Transnational 
Organized Crime including its Protocol to Prevent, Suppress and Punish 
Trafficking in Persons, Especially Women and Children, and other 
international human rights instruments of which the Philippines is a party, 
declares its commitment to end the continuing sexual exploitation of 
women, men, and children and all forms of gender-based violence by 
creating an enabling environment where the human rights of women and 
children are promoted, protected, and fulfilled.
c) recognizes prostitution as a human rights violation that calls for 
coordinated and sustained response from ail agencies of government as 
well as non-governmental organizations that comprehensively addresses 
the factors that perpetuate sexual exploitation.
d) 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 offenders;
e) recognizes that eliminating prostitution is essential for women and 
children to genuinely and meaningfully participate in nation-building; and
f) recognizes that the law on vagrancy has outlived its usefulness and that 
vagrants should be looked upon not as common criminals but as victims 
of their ill circumstance.
Sec. 3. Definition o f Terms. -  The following terms are defined for purposes of
this Act:
a) Prostitution -  any act, transaction, scheme or design involving the use OR 
EXPLOITATION of a person, whether through the performance of such act 
or mere demonstration thereof, whether woman, man or child, for the 
sexual gratification or pleasure of another in exchange for money or 
checks, profit or other consideration, or any act that promotes or 
facilitates the accomplishment of the said act, transaction, scheme or 
design.
b) Person in prostitution or prostituted person -  refers to a woman, man or 
child used, exploited, acquired, obtained, provided, offered, sold, bought, 
or hired for another person's sexual gratification or pleasure and for the 
monetary gain or profit of others.
c) C hild- refers to 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


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himself/herself from abuse, neglect, cruelty, exploitation or discrimination 
because of a physical or mental disability or condition.
d) Sexual exploitation -  refers to the practice by which women are sexually 
subjugated through abuse or violation, either overt or covert, of women's 
sexuality and physical or mental integrity, as a means of achieving power 
and domination, including gratification, financial gain, and advancement.
e) Sexual a c t- refers to sexual intercourse, including genital-to-genital, oral- 
to-genital, anal-to-genital, or oral-to-anal intercourse or contact, insertion 
of any instrument or object into the genital or anal orifice of any person, 
bestiality, 
masturbation, 
lap dance, 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 -  refers to any business or enterprise, including, but not 
limited to, sauna, bath, massage parlor, discotheque, bar, restaurant, 
resort, lodging house, motel, hotel, theater, ship, vessel, cab or taxi, or 
any other vehicle, or any dwelling, house, jail, detention center, structure 
or building serving as a cover or venue for prostitution, or any group, 
association or organization that engages in prostitution activities.
g) Cult -  refers to, but not limited to fanatic groups that entice, recruit, 
condition any person to become sexual offerings in organizational rituals 
or in other circumstances as part of membership requirements.
Sec. 4. Acts o f Prostitution. -  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 or not the 
person giving or delivering money or any other consideration is the 
recipient of such a sexual act;
b) any person who is a recipient of a sexual act, whether or not such a 
recipient has directly given or delivered money or any other consideration 
for the procurement of a person exploited in prostitution; provided that 
the person he is receiving sexual acts from was paid for or given any 
other consideration by any person to do such acts to the recipient.
c) Any person, such as a pimp, trafficker or any prostitution establishment 
owner, who offers another for sexual exploitation in exchange for money 
or any other consideration;


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d) any person who induces, persuades, grooms, entices, compels, kidnaps, 
recruits or in any manner procures or causes a person to serve and/ or be 
sold in an establishment or in the streets, knowing that the same is 
involved in prostitution activities or when s/he has reasonable cause to 
believe that such establishment or person is involved in said activities;
e) 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 acts as 
defined in this Act;
f) any person who as 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;
g) any person who uses information technology or any form of media for the 
purposes of prostitution;
h) any person who derives profit or advantage from any of the prohibited 
acts defined in this Section such as a pimp, owner, operator, manager, 
head, director, officer or agent of the establishment where the 
prostitution activity takes place, or of the establishment serving as a 
cover or venue for such 
prostitution activity, 
or aiding another 
establishment or person involved in any prostitution activity;
i) any person who leases, subleases, or in any manner allows the use of any 
dwelling, house, structure, building, land or any other property knowing 
that the lessee/sub-lessee intends to use or uses it for prostitution 
activities as defined in this Section. For the purposes of this paragraph, 
the owner of the dwelling, house structure, building, 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 or 
intended to be used for prostitution unless s/he disproves it;
j) any member of the military or police establishment, or any government 
official or employee, or any person in authority who commits, causes, or 
promotes, facilitates, allows, or tolerates the commission of any of the 
acts defined in this Section, or who, in any manner, provides protection to 
the perpetrators of the said acts.
k) any official or employee of any jail or detention center or any person 
connected thereto who commits, causes, promotes, facilitates, allows or 
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 of
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the said act.
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For purposes of this Section, it is understood that the prohibited acts of prostitution
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may be committed in any establishment as defined in Section 3(f) above or in any other
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place not otherwise mentioned in Section 3(f).
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Furthermore, an attempt to commit any of the acts defined in this Section is also
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prohibited.
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Sec. 5. Persons Exploited in Prostitution as Victims. -  Any woman, man or child,
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regardless of sexual orientation or gender identity, used, exploited, acquired, obtained,
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provided, offered, sold, bought or hired for another person's sexual gratification,
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pleasure and/or exploitation and for the monetary gain or profit of others, as defined in
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Section 4 of this Act, shall be treated as victims of prostitution. As such, they shall not
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incur any criminal liability under this Act.
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In addition, the consent of the person exploited in prostitution to the commission of any
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of the acts defined in Section 4 of this Act shall not in any way exempt the offender
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from, or mitigate his/her, criminal liability. Prostituted persons shall not be penalized for
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unlawful acts committed as a direct result of, or as an incident or in relation to, being
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prostituted, or in obedience to the order made by the offender in relation to any of the
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acts defined in Section 4 of this Act.
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Sec. 6. Penalties and Sanctions.-
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a) any person found guilty of the acts defined in Section 4 shall suffer the
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penalty of imprisonment of twenty (20) years and a fine of not less than
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one million pesos (PI, 000, 000.00) but not more than two million pesos
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(P2, 000, 000.00);
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b) any person guilty of attempting to commit any of the prohibited acts shall
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suffer the penalty of imprisonment of fifteen (15) years and a fine of not
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less than five hundred thousand pesos (P500, 000.00) but not more than
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one million pesos (PI, 000, 000.00);
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c) when the offender is any establishment as defined in this Act, the penalty
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shall be imposed upon the pimps, owner and operator or manager, or the
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directors and officers, or the responsible officers or agents of the
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establishment, corporation, partnership, or association found to be
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engaged in any of the acts defined in Section 4 of this act.
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In addition, the establishment, corporation, partnership or association
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shall be immediately closed and its registration and/or license to operate
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shall be revoked. A sign with the words "off limits" shall be conspicuously


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displayed outside the establishment by the Department of Social Welfare
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and Development for such period as the Department may determine,
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which shall not be less than one year. The unauthorized removal of such
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sign shall be punishable by imprisonment of six months.
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d) when the offender is a foreigner, s/he shall be deported immediately after
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service of sentence and permanently barred from entry into the country;
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e) any person found guilty of committing or attempting to commit any of the
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prohibited acts under Section 4 shall, in addition to the penalties stated in
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this section, undergo, counseling, rehabilitation and mandatory education
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on the human rights situation of victims of prostitution with DSDW for a
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period of not less than three (3) months but not longer than one (1) year
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with the DSWD. The DSWD shall submit to the court a report on the
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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 any other
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criminal or administrative liability under existing laws, to persons exploited in
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prostitution when it is proven that the responsible authorities had knowledge or were
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informed of the activities constituting prostitution but did not take proper action within
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a reasonable period of time. For purposes of this Section, the responsible authorities
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shall be deemed to have knowledge of the prostitution activities when the same are
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common knowledge in the community.
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Sec. 8. Prosecution o f Cases. -  Any person who has personal knowledge of the
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commission of any offense under this Act, or the person exploited in prostitution, the
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parents, spouse, siblings, children or legal guardian, or the law enforcement agencies,
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or the Task Force created 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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FIVE (25) 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 and


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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 Filing Fees. -  When the victim of prostitution institutes
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a separate civil action from the recovery of civil damages, s/he shall be exempt from
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the payment of 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, 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 the
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property of a third person not liable for the unlawful act: provided, however, that all
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awards for damages shall be taken from the personal and separate properties of the
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offender: provided, further, that if such properties are insufficient, the balance shall be
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taken from the confiscated and forfeited properties.
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When the proceeds, properties and instruments of the offense has been destroyed,
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diminished in value or otherwise rendered worthless by any act or omission, directly or
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indirectly, of the offender, or it has been concealed, removed, converted or transferred
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to prevent the same from being found or to avoid forfeiture or confiscation, the
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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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properties forfeited and confiscated pursuant to Section 12 hereof shall accrue to a
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Trust Fund to be administered by the Council to be used exclusively for programs that
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will prevent prostitution and protect, heal and reintegrate prostituted persons into the
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mainstream of society. Such programs shall include but not limited to those provided for
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under Section 20 of this Act.
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Sec. 14. Human rights o f 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 and
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implementation. 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 and exploitation;


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f) the right to seek redress for violations of their rights and to have
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their 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
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social services;
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i) the right to organize themselves and fight for their legitimate
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concerns; and
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j) the right to be consulted on any governmental initiative affecting
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them.
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Persons exploited in prostitution shall not be detained on the occasion of on by reason
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of a raid or in the name of law enforcement. There shall be at least one social worker
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or one representative from a non-governmental organization 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, prosecution and
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trial of complaints for violation of this Act, law enforcers, prosecutors and judges shall
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not disclose to the public the name, personal circumstances and other information that
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will establish the identity of the person exploited in prostitution, unless the latter
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consents thereto in writing.
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It shall also be the duty of law enforcers to ensure that persons exploited in prostitution
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are not exposed to the media on the occasion of a raid. Law enforcers who allow or
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facilitate the exposure to the media of persons exploited in prostitution shall suffer the
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penalty of six (6) months imprisonment, without prejudice to the filing of other criminal,
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civil and administrative charges under applicable laws.
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Sec. 5. Confidentiality. -  At any stage of the investigation, rescue, prosecution
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and trial of an offense under this Act, law enforcement officers, lawyers, judges, court
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personnel, social workers and medical practitioners, as well as parties to the case, shall
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protect the right to privacy of the person exploited in prostitution. Towards this end,
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law enforcement officers, prosecutors and judges to whom the complainant has been
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referred may, whenever necessary to ensure a fair and impartial parties, order a closed-
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door investigation, prosecution trial. The name and personal circumstances of the
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person exploited in prostitution or any other information tending to establish his or her
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identity and his or her family shall not be disclosed to the public.
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It shall be the responsibility of any journalist, reporter, editor, publisher or producer of
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print and broadcast media to protect the identity and privacy of persons exploited in
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prostitution, most particularly on the occasion of a raid or rescue operation. Any
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journalist, reporter, editor, publisher or producer of print and broadcast media who


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exposes to the public the identity of any person exploited in prostitution without her or
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his consent thereto in writing, or causes the publication of any picture or video that
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violates the dignity and other human rights of the person exploited in prostitution, shall
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suffer the penalty of imprisonment of six (6) years and a fine of not less than Five
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hundred thousand pesos (P500,000.00) but not more than One million pesos
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(P1,000,000.00). In addition, the owner or publisher of the print or broadcast media
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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 a
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method in law enforcement activities when the same will involve the sexual exploitation
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of persons as defined in Section 3(b) of this Act. A law enforcement officer who resorts
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to this method shall suffer the penalty of eight (8) years imprisonment.
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Sec. 
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Requirements for hotels, 
motels and lodging houses.
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Notwithstanding any legislation, ordinance or rule to the contrary, every hotel, motel or
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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;
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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 the
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Philippines without complying with the preceding requirements.
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For the purpose of this Section, hotels, motels and lodging houses already operating
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shall have six (6) months from the effectivity of this Act to comply with this provision.
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Failure of any hotel, motel and lodging house to comply with this Section shall result in
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the cancellation of their license or permit to operate.
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Sec. 18. Responsibilities o f local government units in anti-prostitution efforts. -
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Local government units shall exercise their powers to curb prostitution within their
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respective jurisdictions. 
It shall be unlawful for any local government unit to issue
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licenses or permits for the operation of any establishment that is used or intended to be
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used for 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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Their responsibility shall include conducting public information campaign against
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prostitution, carrying out rescue operations and ensuring the safety or security of
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victims of prostitution.
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Local government units may employ elements of the National Bureau of Investigation
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(NBI) or the Philippine National Police (PNP) as provided for under Republic Act No.
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6975, as amended by Republic Act No. 8551.
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The national government shall ensure that local government units conscientiously
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engage in anti-prostitution activities, provide support for the same, and intervene when
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necessary.
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The National Anti-Prostitution Council. -  There shall be a National
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Anti-Prostitution Council composed of the Department of Social Welfare as the lead
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agency and shall have as members the following:
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a) Department of Social Welfare and Development (DSWD) as lead agency
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b) Philippine Commission on Women (PCW)
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c) Department of Labor and Employment (DOLE)
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d) Technical Education and Skills Development Authority (TESDA)
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e) Department of Education (DepEd)
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f) National Economic Development Authority (NEDA)
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g) Department of Health (DOH)
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h) Department of Interior and Local Government (DILG)
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i) Department of Justice (DOJ)
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j) Department of Tourism (DOT)
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k) National Bureau of Investigation (NBI)
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I) Philippine National Police (PNP)
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m) three (3) non-government organizations (NGOs) to be selected by NGOs
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providing support services to victims of prostitution
27 
n) three (3) representatives of persons exploited in prostitution
28 
The National Anti-Prostitution Council shall perform the following functions:
29 
a) develop a program addressing prostitution and the needs of persons
30 
exploited in prostitution and those vulnerable to be exploited in
31 
prostitution. The program shall include public information and education
32 
campaign against prostitution, crisis intervention service, education
33 
assistance, socio-economic assistance such as sustainable livelihood
34 
skills training and financial support for scale businesses, and integration
35 
and complete after-care programs for persons exploited in prostitution,
36 
among others;
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b) identify and, if necessary, create centers in strategic places all over the 
Philippines that will provide health services, including counseling and 
therapy, temporary shelters and other crisis intervention services to 
persons exploited in prostitution. 
The rape crisis centers established 
under Republic Act No. 8505 and the hospital-based protection units for 
women and children may also serve as centers servicing persons 
exploited in prostitution. 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 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 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 council are created in every 
municipality, city and province;
g) undertake and lead the prosecution of any violation of this Act; and
h) promulgate, when necessary, rules and regulations for the effective 
implementation and enforcement of this Act.
i) continuously conduct surveillance and monitor establishments, tourist 
spots and disaster areas to prevent prostitution. They shall promptly 
investigate any establishment suspected to be engaged in prostitution 
and shall take appropriate measures, in coordination with the local 
government unit concerned and other relevant government agencies, for 
the speedy prosecution of the offenders.
11


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j) undertake corrective and enforcement measures to stop activities in
2 
tourism constituting, promoting or facilitating prostitution in consultation
3 
with government agencies and non-governmental organizations (NGOs)
4 
working for the elimination of prostitution.
5 
Sec. 20. Mandatory services to victims o f prostitution. -  To ensure healing,
6 
recovery, rehabilitation and reintegration into the mainstream of society, concerned
7 
government agencies, particularly the members of the Council, shall make available the
8 
following services to trafficked and prostituted persons:
9 
a) Counseling
10 
b) Free legal services which shall include information about the victim's
11 
rights, the procedure for filing complaints, claiming compensation and
12 
other legal remedies to them;
13 
c) Emergency shelter or appropriate housing;
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d) Medical or psychological services;
15 
e) Livelihood and skills training; and
16 
f) Assistance to enter or re-enter school or adult education.
17 
Sec. 21. 
Mechanisms for Implementation and Monitoring. — The
18 
government shall establish and implement preventive, protective and rehabilitative
19 
programs for persons in prostitution. For this purpose, mandatory and necessary
20 
services for persons in prostitution must be included in the programs, projects and
21 
activities of the following agencies:
22 
a) Department of Social Welfare and Development (DSWD);
23 
b) Department of Justice (DOJ);
24 
c) Department of the Interior and Local Government (DILG);
25 
d) Department of Health (DOH);
26 
e) Department of Tourism (DOT);
27 
f) Department of Labor and Employment (DOLE);
28 
g) Department of Education (DepEd);
29 
h) Philippine Commission on Women (PCW);
30 
i) National Bureau of Investigation (NBI);
31 
j) Philippine National Police (PNP);
32 
k) Bureau of Immigration (BI);
33 
I) Technical Education and Skills Development Authority (TESDA)
34 
Agencies mentioned above shall submit to DSWD a report on the actions and programs
35 
taken by them relative to and concerning the implementation of the Act within three (3)
36 
years from the passage of this Act and every January of each year thereafter.
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Sec. 22. 
Comprehensive Recovery, Rehabilitation and Reintegration
2 
Program. — The DSWD, LGUs and other concerned agencies shall develop and
3 
implement a comprehensive, gender-sensitive and child friendly program for the
4 
recovery, rehabilitation and reintegration of persons exploited in prostitution, such as
5 
but not limited to the following:
6 
a) Implementation of emergency shelter/residential care, educational
7 
assistance, livelihood and skills training and other community-based
8 
services must be responsive to the specific needs and problems of the
9 
persons in prostitution;
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b) Active involvement and participation of the person in prostitution in the
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rehabilitation and reintegration process shall be encouraged. In order
12 
to empower them and to prevent their revictimization, capability
13 
building programs must be provided; and
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c) Active cooperation and coordination with NGOs and other members of
15 
the civil society organizations, including the business community,
16 
tourism-related industries as well as the media in the rehabilitation and
17 
reintegration of persons in prostitution shall be undertaken.
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Sec. 23. 
Roles and Responsibilities o f Local Government Agencies in Anti-
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Prostitution Efforts. — Local Government Units (LGUs) shall exercise their powers to
21 
curb prostitution within their respective jurisdictions. They shall create a local
22 
mechanism that shall combat and prevent any act of prostitution in their area. If a local
23 
committee dealing with issues related to prostitution such as trafficking and violence
24 
against women and their children had already been established, the LGUs shall ensure
25 
that programs and services for prostituted persons are integrated in the plan of action
26 
of the said committee.
27 
The LGUs shall likewise exercise due diligence in the issuance of licenses or permits for
28 
the operation of any establishment that may be used as a front for any prostitution
29 
activity. Any such license or permit already issued prior to the effectivity of this Act shall
30 
be deemed automatically revoked or cancelled and shall not be renewed.
31 
Other responsibilities of LGUs shall include conducting public information campaign
32 
against prostitution, carrying out rescue operations and ensuring the safety or security
33 
of victims of prostitution. They may employ elements of the National Bureau of
34 
Investigation (NBI) or the Philippine National Police (PNP) as provided under Republic
35 
Act No. 6975, as amended by Republic Act No. 8551.
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Sec. 24. 
Immunity from Suit - No action or suit shall be brought, instituted
2 
or maintained in any court or tribunal or before any other authority against any law
3 
enforcement officer, social worker or any person acting in compliance with a lawful
4 
order from any of the above, for lawful acts done or statements made during an
5 
authorized rescue operation, recovery or rehabilitation/intervention, or an investigation
6 
or prosecution of a prostitution case.
7 
Sec. 25. Appropriations. - The amount necessary to carry out the provisions of
8 
this Act is hereby authorized to be appropriated in the General Appropriations Act of the
9 
year following the enactment of this law and every year thereafter.
10 
All local government units are likewise mandated to allot not less than five percent
11 
(5%) of their gender and development (GAD) budget and not less than five percent
12 
(5%) of the local development fund of local government units (LGUs) for programs,
13 
projects and activities aimed to control prostitution activities within their jurisdiction,
14 
including the development and conduct of deterrent information campaigns directed to
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potential and actual buyers of prostitution sex.
16 
Sec. 26. Implementing Rules and Regulations. -  The Council shall promulgate
17 
the necessary implementing rules and regulation within sixty (60) days from the
18 
effectivity of this Act.
19 
Sec. 27. Separability Clause. -  If any provision of this Act is declared invalid or
20 
unconstitutional, the remaining provisions not affected thereby shall continue in full
21 
force and effect.
22 
Sec. 28. Repealing Clause. -  Articles 202 and 341 of the Revised Penal Code
23 
are hereby repealed. All other laws, decrees, ordinances and rules inconsistent with the
24 
provisions of this Act are hereby modified or repealed accordingly.
25 
Sec. 29. Effectivity Clause. -  This Act shall take effect upon completion of its
26 
publication in at least two (2) national newspapers of general circulation.
Approved,
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