SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez a)
Representative Maximo B. Rodriquez, Jr.

House Bill No. 399.9
EXPLANATORY NOTE

Prostitution has pemicious effects and destroys our moral fiber. That something
concrete ought to be done about it goes without saying.

While it is true that concerted efforts may not sufficiently and completely eradicate
this deleteriously societal menace, a critical review of archaic laws and policies should be
undertaken, if only to put appropriate governmental initiatives in their proper perspective.

Of these many laws up for scrutiny and amendment, the repeal of Articles 202 and
341 of the Revised Penal Code is a crucial step. These articles, remained untouched for
so many years, sadly treat sex workers and other individuals exploited into prostitution as
criminal perpetrators instead of victims.

Not only is this perspective misplaced but it is clearly and morally repugnant and
abhorrent. Itis about time this anomaly should be critically addressed.

The proposed measure focuses on this concem. It seeks not only to decriminalize
prostitution but more importantly provide for the victims adequate protection by:

a) upholding the human rights of persons exploited in prostitution;

b) enjoining local government units and appropriate government agencies to curb
the same; and

©) creating a National Anti-Prostitution Council that will develop a program
addressing prostitution and the various needs of exploited persons, among others.

Through this bill, archaic policies may finally be corrected paving the way for a
more invigorated approach in our campaign against prostitution.

MAXIMO B/ RODRIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriquez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 3299

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 House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known as “The Anti-Prostitution Act of
2013.”

SEC 2. Declaration of Policies. -The State:

(a) in accordance with the relevant intemational instruments, particularly, the
Universal Declaration on Human Rights, Convention on the Elimination of All Forms of
Discrimination Against Women, 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, deciares 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;

(b) recognizes prostitution as a human rights violation that calls for coordinated
and sustained response from all agencies of government as well as non-governmental
organizations that comprehensively address the factors that perpetuate sexual
exploitation;

(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 offenders;

(d) recognizes that eliminating prostitution is essential for women and children to
genuinely and meaningfully participate in nation-building; and

(e) 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 of 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 exploited in prostitution - refers to a woman, man or child used,
exploited or employed for another person's sexual gratification or pleasure and for the
monetary gain or profit of others;

(c) Child - 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 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 act - refers to sexual intercourse, including genitalto-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, 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 sewing as a cover or venue for prostitution, or
any group, association or organization that
engages in prostitution activities;

(9) Cult - refers to, but not limited to fanatic groups that entice, recruit, and
condition any person to become sexual offerings in organizational rituals or in other
circumstances as part of membership requirements.

SEC 4. Acts of 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 the person giving or delivering money or
any other consideration is the recipient of such sexual act;

(b) any person who is a recipient of a sexual 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, being a
recipient shall include persons or crowds before whom a person exploited in prostitution
has actually performed or merely demonstrated the sexual act;

(c) Any person who offers another 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 s/he has reasonable cause to believe
that such establishment 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 as 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 for
prostitution unless s/he disproves it;

(j) any member of the military or police establishment, or any goverment official or
employee, or any person in authority who commits, causes, 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 inmates or who, in any manner, provides
protection to the perpetrators of the said acts.

For purposes of this Section, it is understood that the prohibited acts of prostitution
may be committed in any establishment as defined in Section 3 (f) above or in any other
place not otherwise mentioned in Section 3(f). Furthermore, an attempt to commit any of
the acts defined in this Section is also prohibited.

SEC 5. Persons Exploited in Prostitution as Victims. - Any woman, man or child,
regardless of sexual orientation or gender identity, used or employed for another person's
sexual gratification, pleasure and/or exploitation and for the monetary gain or profit of
others, as defined in Section 4 of this Act, shall be treated as victims of prostitution. As
‘such, they shall not incur any criminal liability under this Act, except those penalized under
Section 6 (b) of this Act.

In addition, the consent of the person exploited in prostitution to the commission of
any of the acts defined in Section 4 of this Act shall not in any way exempt the offender
from, or mitigate his/ner, criminal liability.

SEC 6. Penalties and Sanctions. -

(a) any person found guilty of the acts defined in Section 4 shall suffer the penalty
of imprisonment of twenty (20) years and a fine of not less than One Million Pesos
(P1,000,000.00) 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
Tesponsible 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 for such period as the Department
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, s/he shall be deported immediately after
service of sentence and permanently barred from entry into the country;

(f) any person found guilty of commiting or attempting to commit any of the
prohibited acts under Section 4 shall, in addition to the penalties stated in this section,
undergo counseling, rehabilitation and mandatory education on the human rights situation
of victims of prostitution with DSWD for a period of not less than three (3) months but not
longer than one (1) year with the DSWD. The DSWD shall submit to the court a report on
‘the rehabilitation of the offender.

SEC 7. Civil Liability for Prostitution. - Persons exploited in prostitution may file
independent civil cases for damages against the persons, natural or juridical, responsible
for their exploitation.

Provinces, cities and municipalities shalll be liable for damages, in addition to any
other criminal or administrative liability under existing laws, to persons exploited in
prostitution when it is proven that the responsible authorities had knowledge or were
informed of the activities constituting prostitution but did not take proper action within a
reasonable period of time. For purposes of this Section, the responsible authorities shall
be deemed to have knowledge of the prostitution activities when the same are common
knowledge in the community.

SEC 8. Prosecution of Cases. - Any person who has personal knowledge of the
commission of any offense under this Act, or the person exploited in prostitution, the
parents, spouse, siblings, children or legal guardian, or the law enforcement agencies, or
the Task Force created under this Act may file a complaint for prostitution

SEC 9. Immunity of government and DSWD-accredited NGOs from undue
interference. - Members of the National Anti-Prostitution Council and DSWD-accredited
non-governmental organizations that are involved in the implementation of anti-prostitution
programs are granted immunity from suit and other legal proceeding in connection with
the enforcement of said programs.

SEC 10. Venue. - A criminal action arising from a violation of this Act shall be filed where
the offense was committed, or where any of its elements occurred, or where the person
exploited in prostitution actually resides at the time of the commission of the offense;
provided, that the court where the criminal action is first filed shall acquire jurisdiction to
the exclusion of other courts.


ive Period. - Cases under this Act shall prescribe in TWENTY (20)
years. The prescriptive period shall commence to run from the day on which the person
exploited in prostitution is delivered or released from the situation of exploitation and shall
be interrupted by the filing of the complaint or information and shall commence to run.
again when such proceedings terminate without the accused being convicted or acquitted
of are unjustifiably stopped for any reason not imputable to the accused.

SEC 12, Exemption from Filing Fees. -When the victim of prostitution institutes a
separate civil action for the recovery of civil damages, she shall be exempt from the
payment of filing fees.

SEC 13. Confiscation and Forfeiture of the Proceeds and Instruments Derived from
Prostitution.- In addition to the penalty imposed for the violation of this Act, the Court
shall order the confiscation and forfeiture, in favor of the government, of all the proceeds
and properties derived from the commission of the crime, unless they are the property of a
third person not liable for the unlawful act: Provided, however, that all awards for damages
shall be taken from the personal and separate properties of the offender: Provided,
further, that if such properties are insufficient, the balance shall be taken from the
confiscated and forfeited properties.

When the proceeds, properties and instruments of the offense have been
destroyed, diminished in value or otherwise rendered worthless by any act or omission,
directly or indirectly, of the offender, or have been concealed, removed, converted or
transferred to prevent the same from being found or to avoid forfeiture or confiscation, the
offender shall be ordered to pay the amount equal to the value of the proceeds, properties
or instruments of the offense.

SEC 14. Trust Fund. - All fines imposed under this Act and the proceeds and properties
forfeited and confiscated pursuant to Section 12 hereof shall accrue to a Trust Fund to be
administered by the Council to be used exclusively for programs that will prevent
prostitution and protect, heal and reintegrate prostituted persons into the mainstream of
society. Such programs shall include but shall not be limited to those provided for under
Section 20 of this Act.

SEC 15. Human rights of persons exploited in prostitution. - Persons exploited in
prostitution have human rights that must be respected, protected and promoted by all
branches, agencies and instrumentalities of the government in law enforcement drives,
criminal prosecution, civil suits, service provision, and program development and
implementation. These rights include, but are not limited to:

(a) the right to be treated as human beings;

(b) the right to dignity and security of person;

(c) the right against any form of discrimination;

(d) the right to equal protection of the law;

(e) the right to be protected from abuse and exploitation;

(f) the right to seek redress for violations of their rights and to have their

complaints appropriately addressed;

(Q) the right to fair and humane treatment;

(h) the right to sensitive and appropriate legal, health, and other social services;

(|) the right to organize themselves; and

(i) the right to be consulted on any governmental initiative legitimate concerns

affecting them.


Persons exploited in prostitution shall not be detained on the occasion of or by
reason of a raid or in the name of law enforcement. There shall be at least one social
worker or one representative from a non-governmental organization known to be working
with women exploited in prostitution present during raids.

During raids of establishment, and at any stage of the investigation, prosecution
and trial of complaints for violation of this Act, law enforcers, prosecutors and judges shall
Not disclose to the public the name, personal circumstances and other information that will
establish the identity of the person exploited in prostitution, unless the latter consents
thereto in writing,

It shall also be the duty of law enforcers to ensure that persons exploited in
prostitution are not exposed to the media on the occasion of a raid. Law enforcers who
allow or facilitate the exposure to the media of persons exploited in prostitution shall suffer
the penalty of six (6) months imprisonment, without prejudice to the filing of other criminal,
civil and administrative charges under applicable laws.

SEC 16. Confidentiality.- It shall be the responsibility of any journalist, reporter, editor,
publisher or producer of print and broadcast media to protect the identity and privacy of
persons exploited in prostitution, most particularly on the occasion of a raid or rescue
operation. Any journalist, reporter, editor, publisher or producer of print and broadcast
media who exposes to the public the identity of any person exploited in prostitution without
her or his consent thereto in writing, or causes the publication of any picture or video that
Violates the dignity and other human rights of the person exploited in prostitution, shall
suffer the penalty of imprisonment of six (6) 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). In
addition, the owner or publisher of the print or broadcast media found guilty of the violation
shall pay a fine of Five Hundred Thousand Pesos (P500,000.00). This shall be without
prejudice to the right of persons exploited in prostitution to file a civil action for damages
for the violation of their human rights or for any injury caused them by the publication,

SEC 17. Entrapment Prohibited. - Law enforcers shall not use entrapment as a method
in law enforcement activities when the same will involve the sexual exploitation of persons
as defined in Section 3(b) of this Act. A law enforcement officer who resorts to this method
shall suffer the penalty of eight (8) years imprisonment.

SEC 18, Requirements for Hotels, Motels and Lodging Houses, -

Notwithstanding any legislation, ordinance or rule to the contrary, every hotel,
motel or lodging area shall

(a) maintain a reception and registration area for guests and patrons that is readily

within the public view;

(b) maintain open garages, or those that do not have doors or any closing

mechanism;

(c) maintain good lighting in all its entrances, exists, driveways and garages;

No hotel, motel or lodging house shall be allowed to operate in any part of
the Philippines without complying with the preceding requirements.

For the purpose of this Section, hotels, motels and lodging houses already
operating shall have six (6) months from the effectivity of this Act to comply with this
provision. Failure of any hotel, motel and lodging house to comply with this Section shall
result in the cancellation of their license or permit to operate.


SEC 19. Responsibilities of Local Government Units in Anti-Prostitution Efforts. -
Local government units shall exercise their powers to curb prostitution within their
respective jurisdictions. It shall be unlawful for any local government unit to issue licenses
or permits for the operation of any establishment that is used or intended to be used for
any prostitution activity. Any such license or permit already issued prior to the effectivity of
this Act shall be deemed automatically revoked or cancelled and shall not be renewed.

The responsibility shall include conducting public information campaign against
prostitution, carrying out rescue operations and ensuring the safety or security of victims
of prostitution.

Local goverment units may employ elements of the National Bureau of
Investigation (NBI) or the Philippine National Police (PNP) as provided for under Republic
Act No. 6975 as amended by Republic Act No. 8551. The national goverment shall
ensure that local government units conscientiously engage in ant-prostitution activities,
provide support for the same, and intervene when necessary.

SEC 20. The National Anti-Prostitution Council. - There shall be a National Anti-
Prostitution Council composed of the Department of Social Welfare and Development as
the lead agency and shail have as members the following

(a) Department of Social Welfare and Development (DSWD) as lead agency

(b) National Commission on the Role of Filipino Women (NCRFW)

(c) Department of Labor and Employment (DOLE)

(d) Technical Education and Skills Development Authority (TESDA)

(e) National Economic Development Authority (NEDA)

(f) Department of Health (DOH)

(g) Department of Interior and Local Government (DILG)

(h) Department of Justice (DOJ)

(i) Department of Tourism (DOT)

() National Bureau of Investigation (NBI)

(k) Philippine National Police (PNP)

()) three (3) Non-government organizations (NGOs) to be selected by NGOs

providing support services to victims of prostitution

(n) three (3) representatives of persons exploited in prostitution.

The National Anti-Prostitution Council shall perform the following functions:
i. develop a program addressing prostitution and the needs of
persons exploited in prostitution and those vulnerable to be exploited in
prostitution. The program shall include public information and education
campaign against prostitution, crisis intervention service, education
assistance, socio-economic assistance such as sustainable livelihood skills
training and financial support for scale businesses, and integration and
complete after-care programs for persons exploited in prostitution, among
others;

ii, identify and, if necessary, create centers in strategic places all
over the Philippines that will provide health services, including counseling
and therapy, temporary shelter 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;


iii. 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;

iv. ensure that relevant government agencies work in close
coordination with each other in addressing prostitution and the needs of
persons exploited in prostitution;

v. develop and implement a training program for law enforcers,
public prosecutors, judges, goverment 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;

vi. ensure that local counterparts of the council are created in every
municipality, city and province;

vil. undertake and lead the prosecution of any violation of this Act;

vil. promulgate, when necessary, rules and regulations for the
effective implementation and enforcement of this Act;

ix. continuously conduct surveillance and monitor establishments 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;

x. undertake corrective and enforcement measures to stop activities
in tourism constituting, promoting or facilitating prostitution in consultation
with government agencies and non-governmental organizations (NGOs)
working for the elimination of prostitution.

SEC 21. Mandatory Services to Victims of Prostitution. - To ensure healing, recovery,
Tehabilitation and reintegration into the mainstream of society, concemed government
agencies, particularly the members of the Council, shall make available the following
services to trafficked persons:

(a) Counseling:

(b) Free legal services which shall include information about the victim's rights, the

procedure for fling complaints, claiming compensation and other legal remedies to

them;

(c) Emergency shelter or appropriate housing;

(d) Medical or psychological services;

(e) Livelihood and skills training.

‘SEC 22. Appropriations. - The amount necessary to carry out the provisions of this Act is
hereby authorized to be appropriated in the General Appropriations Act of the year
following the enactment of this law and every year thereafter.

All local government units are likewise mandated to allot not less than five percent
(6%) of their gender and development (GAD) budget and not less than five percent (5%)
of the local development fund for programs, projects and activities aimed to control


prostitution activities within their jurisdiction, including the development and conduct of
deterrent information campaigns directed to potential and actual buyers of prostitution sex.

SEC 23. - Implementing Rules and Regulations. - The Council shall promulgate the
necessary implementing rules and regulation within sixty (60) days from the effectivity of
this Act.

SEC 24. Separability Clause. - If any provision of this Act is declared invalid or
unconstitutional, the remaining provisions not affected thereby shall continue in full force
and effect

SEC 25. Repealing Clause. - Articles 202 and 341 of the Revised Penal Code are hereby
repealed. All other laws, decrees, ordinances and rules inconsistent with the provisions of
this Act are hereby modified or repealed accordingly.

SEC 26. Effectivity Clause. - This Act shall take effect upon completion of its publication
in at least two (2) national newspapers of general circulation.

Approved,