SIXTEENTH CONGRESS
OF THE REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

House BiliNo._ 406

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

It is the policy of the State to place utmost importance to the dignity of each
human being and guarantee respect for individual human rights. The State prioritizes
the enactment of laws and institution of programs that will promote 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, the State undertakes, among other things, to “take all
appropriate measures, including legislation, to suppress all forms of traffic in women
and exploitation of prostitution of women.”

‘The Philippines ranks 4th among nine nations with the most number of
children in prostitution (60,000 to 100,000 as of 1997), with Metro Manila, Angeles
City, Puerto Galera in Mindoro Province, Davao and Cebu as the top five arcas for
child prostitution and sex tourism.

‘There are around 400,000 to 500,000 prostituted persons in the country that
include women, some male, transvestites and children.

In order to address this alarming problem of prostitution, this bill proposes a
change in approach from viewing the prostitute as the source of the problem to
holding the exploiters accountable for the crime. The Revised Penal Code, particularly
Article 202, punishes “women who, for money, engage in sexual intercourse or
lascivious conduct”, This falls short of recognizing that most, if not all, prostitutes are
forced to enter and stay in that way of living because of compelling reasons such as
poverty and/or being victims of human trafficking. More importantly, it fails to
address the criminal liability of exploiters such as recruiters, pimps, bar or brothel
owners, and customers, who cause the prostitution as they create a demand for it.

This bill also proposes measures to help prostituted persons by entitling them
to government services accorded to victims of violence against women, such as medical
services, counseling, shelter, protection, legal services and livelihood training, among
others. This will help in the restoration of the lives of the victims of prostitution and

Representative, 2" District of Tarlac

contribute to the country’s development as well

ay

She


SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No._ 408

Introduced by Representative Susan A. Yap

AN ACT
ADDRESSING THE SYSTEM OF PROSTITUTION, IMPOSING
PENALTIES ON ITS PERPETRATORS, PROVIDING PROTECTIVE
MEASURES AND SUPPORT SERVICES FOR ITS VICTIMS, AMENDING
FOR THE PURPOSE ARTICLES 202 AND 341 OF THE REVISED PENAL
CODE

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.”

SECTION 2. Declaration of 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;

(© 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 and children to
genuinely and meaningfully participate in nation-building

SECTION 3. Définition of Terms. - For purposes of this Act, the term:

(A) “Prostitution” means any act, transaction, scheme or design involving the use of
4 person, whether woman, man or child, for sexual gratification, exploitation or pleasure of
another in exchange for cash, profit or other consideration, or any act that promotes or
facilitates the accomplishment of the said act, transaction, scheme or design, as specifically
defined in Section 4 of this Act.

(B) “Person exploited in prostitution” means a woman, man or child used or
employed for another person’s sexual gratification, pleasure or exploitation and for the
monetary gain or profit of others, as defined in Section 4 of this Act.

(© “Child” 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 participation or engagement of a person for any
sexual act in exchange for cash, profit or other consideration as a result of being subjected to
a threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or
through abuse of his/her vulnerability.

(©) “Sexual Act” means 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 public area of any person, and other acts
presumed to obtain sexual gratification for the buyer whether the same is made between
persons of the same or opposite sex.

(& “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, ship, vessel, cab or taxi, or any other vehicle, or any dwelling
house, structure or building serving as a cover or venue for prostitution, or any group
association or organization that engages in prostitution activities as defined in Section 4 of
this Act.

SECTION 4. Punishable Ads. - 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 as defined in Section 3(E)
of this 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 a sexual act;

(B) Any person who is the recipient of a sexual act as defined in Section 3(C) 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, being a recipient shall include person or persons or a crowd with whom a
person exploited in prostitution has actually performed or merely demonstrated such
sexual act;

(© Any person who induces, persuades, entices, compels, kidnaps, recruits or in any
manner procures a person for the purpose of exploiting the person in prostitution;

(D) Any person who recruits another person purportedly for lawful employment but
actually for the purpose of exploiting the person in prostitution;

(&) Any person who induces, persuades, entices, compels, kidnaps, recruits or in any
manner procures or causes a person to work 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;

(P) Any person who transports a person or persons from one place to another for
the purpose of exploiting the person or persons in prostitution;

(G) Any person who transports a person or persons from one place to another for
the purpose of exploiting the person or persons in prostitution;

(H) Any person who advertises, organizes, arranges, manages, promotes or
facilitates, in a manner or under any pretext, the commission of any of the acts prohibited
under this Section;

(D Any person who uses information technology such as cyberspace, satellite,
television, film, radio, print or any form of media to promote any of the prohibited acts
defined in this Section;


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() 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

tablishment where any prostitution activity defined in this Section takes place, or of the
establishment serving as a cover or venue for any such prostitution activity, or aiding
another establishment or person involved in any prostitution activity;

(K) 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/
sublessee intends to use or uses it for prostitution activities as defined in this Section. For
the purpose 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 he/she
disproves it.

(L) 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;

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).

TION 5. Attempt to Commit Child Prostitution. - An attempt to commit child
prostitution is committed by

(A) Any person who, not being a grandparent, parent, guardian or blood relative of a
child, is found alone with the said child inside a room or cubicle of a house, inn, hotel,
motel, pension house, apartelle, or any similar establishment, vessel, vehicle or any hidden ot
secluded area, or under circumstances that would lead a reasonable person to believe that the
child is about to be prostituted;

(B) Any establishment providing entertainment or relaxation to the public including,
but not limited to, sauna, bath parlor, massage parlor, discotheque, bar, videoke or sing-
along establishment, resort, lodging house, motel and hotel, which employs a child; or

(© Any person receiving services from a child in a sauna parlor or bath, massage
clinic, health club and any other similar establishment.

SECTION 6. Persons Liable. - The acts defined in Section 4 of this Act may be
committed by any natural or juridical person, establishment, association club movement, cult
religious group ot organization. For the purpose of Section 4, the terms “person” when used
to refer to the offender, shall be interpreted to include the aforesaid persons or entities
whenever applicable

SECTION 7. Person Exploited in Prostituted as Victims. - Any woman, man or child
used or employed for another person's sexual gratification, pleasure 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 to the extent referred to under Section 8(G) hereof.

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/her criminal liability.

SECTION 8. Penalties and Sanctions. -

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(A) Any person found guilty of the acts defined in Section 4(a) and (b) shall be penalized as
follows:

First offense - Six (6) months of mandatory human rights education on the plight of
the victims of prostitution and a fine of Fifty Thousand Pesos (P50,000.00);

Second and subsequent offenses -Imprisonment of one (1) year and a fine of One
Hundred Thousand Pesos (P100,000.00).

However, when the person exploited in prostitution referred to in Section 4(A) and
(B) is a child, the penalty shall be as follows:

First offense - Imprisonment of one (1) year and a fine of One Hundred Thousand
Pesos (P100,000.00);

Second and subsequent offenses -Imprisonment of two (2) years and a fine of Two
Hundred Thousand Pesos (P200,000.00)

(B) Any person found guilty of the acts defined in Section 4(C), (D), (E), (F) and (G) shall
suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One
Million Pesos (P1,000,000,000.00) but not more than Two Million Pesos (P2,000,000.00);
Provided, however, that when the person exploited in prostitution under Section 4(C), (D),
®), © and (G) is a child, the penalty shall be life imprisonment and a fine of not less than
Two Million Pesos (P2,000,000.00) but not more than Five Million Pesos (P5,000,000.00);

(© Any persons found guilty of the acts defined in Section 4(H), (1), (J), and (K) 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) Any person found guilty of the acts defined in Section 4(0) shall suffer the penalty of life
imprisonment and a fine of not less than Two Million Pesos (P2,000,000.00) but not more
than Five Million Pesos (P5,000,000.00). In addition, the offender shall be perpetually
disqualified form holding any appointive position or from running for any elective position
in government;

(E) When the offender is the legal or common-law spouse, ascendant, parent, guardian, step-
parent, collateral relative within the fourth degree of consanguinity or affinity or one who
exercises parental authority or moral ascendancy over the person exploited in prostitution,
he/she shall suffer the penalty of life imprisonment and a fine of not less than Two Million
Pesos (P2,000,000.00) but not more than Five Million Pesos (P5,000,000.00). This penalty
shall also apply to any offender who is the legal spouse or common-law spouse of any of the
persons aforementioned;

(© 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 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 months.

(G) When the offender is a person who is also exploited in prostitution or had been
exploited in prostitution, he/she shall be penalized as follows:


First offense - The offender shall undergo three (3) months of mandatory counseling
and rehabilitation program with the Department of Social Welfare and Development;

Second offense - Imprisonment of one (1) month and mandatory counseling and
rehabilitation program with the DSWD;

Third offense - Imprisonment of one (1) month and mandatory counseling and
rehabilitation program with the DSWD for six (6) months;

Fourth and subsequent offense - Imprisonment of one (1) year and mandatory
counseling and rehabilitation program with the DSWD from six (6) months to one (1) year.

Notwithstanding the criminal liability imposed upon the offender under this
provision, such liability shall not operate to divest him/her of the rights, benefits and
protection accorded to persons exploited in prostitution under this Act.

(H) When the offender is a foreigner, he/she shall be deported immediately after service of
sentence and permanently barred from entry into the country;

(D Any person found guilty of an attempt to commit child prostitution shall suffer the
penalty of imprisonment of four (4) years, without prejudice to the filing of other criminal
charges under other applicable laws;

Except to the extent referred to in Section 8(G) above, any person found guilty of
any prohibited act under Section 4 shall, in addition to the penalty of imprisonment and fine,
undergo a rehabilitation program with the DSWD for a period of not less than three (3)
months but no longer than one (1) year, provided, that only first-time offenders shall
undergo such rehabilitation program. The DSWD shall submit to the court a report on the
rehabilitation of the offender,

SECTION 9. Cini! 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 shall 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, the responsible authorities shall be
deemed to have knowledge of the production activities when the same are common
knowledge in the community.

SECTION 10. Prosecution under this Act or RA. No, 9208. - Acts or omissions covered
and penalized under this Act may be prosecuted under this Act or under Republic Act No.
9208 or the Anti-Trafficking in Persons Act whenever the latter is applicable: Provided,
however, that the institution of a criminal complaint under this Act, arising from the same
act, transaction, design or scheme, shall be a bar to the institution of another criminal
complaint under R.A. No. 9208, or vice versa.

SECTION 11. Prosecution of Cases. - Any person who has personal knowledge of the
commission of any offenses 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.

SECTION 12. 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 as 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.

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SECTION 13. Prescriptive Period. - Cases under this Act shall prescribe in ten (10)
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 or
are unjustifiably stopped for any reason not imputable to the accused.

SECTION 14. Applicability of Republic Act No. 7309 and Republic Act No. 6981. -
Persons exploited in prostitution shall be covered by the Witness Protection, Security and
Benefit Act (R.A. No. 6981). They may also file claims with the Board of Claims created
under Republic Act No. 7309. For the purpose of the application of Republic Act No. 7309,
persons exploited in prostitution shall be deemed victims of violent crimes under Section 3,
paragraph (d) hereof,

SECTION 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 driv
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;

(© The right against any form of discrimination;

(D)The right to equal protection of the law;

(E) The tight 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;

(G)The tight to fair and humane treatment;

(H)The right to sensitive and appropriate legal, health, and other social services;
(D The right to organize themselves and fight for their legitimate concerns; and
()) The right to be consulted on any governmental initiative 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 the 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.

It shall be the responsibility of any journalist, reporter, editor, publisher or producer
or print and broadcast media to protect the identity and privacy of persons exploited in
prostitution, most particularly on the occasion of a raid of 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 one (1)
year imprisonment. In addition, the owner or publisher of the print or broadcast media

6


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.

SECTION 16. Entrapment Probibited. - 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.

SECTION 17. Requirements for Hotels, Motels and Lodging Houses. - Novwithstanding 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 views

(B) Maintain open garages, or those that do not have doors or any closing
mechanism;

(© Maintain good lighting in all its entrances, exits, 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

SECTION 18. Responsibilities of Government Agencies 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.

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

Local government 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 government shall ensure that local government units conscientiously
engage in anti-prostitution activities, provide support for the same, and intervene when
necessary.

‘The NBI and the PNP shall continuously conduct surveillance and monitor
establishments to prevent prostitution. They shall promptly investigate any establishment
suspected to be engaged in activities constituting prostitution under Section 4 of this Act 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.

The Department of Tourism (DOT) shall undertake corrective and enforcement
measures to stop activities in tourism constituting, promoting or facilitating prostitution in
consultation and coordination with government agencies and non-governmental
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SECTION 19. Social Services and Programs. - There shall be a National Anti-
Prostitution ‘Task Force composed of the following:

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

(B) National Commission on the Role of Filipino Women (NCRFW);

(© Department of Labor and Employment (DOLE);

(D) Technical Education and Skills Development Authority (TESDA);

(E) Department of Health (DOH);

(F) Department of Interior and Local Goverament (DILG);

(G) Department of Justice (DO);

(H) National Bureau of Investigation (NBD;

() Philippine National Police (PNF); :

() Three 3) non-government organizations (NGOs) to be selected by NGOs
providing support services to victims of prostitution; and

(K) Three (3) representatives of persons exploited in prostitution.

‘The National Anti-Prostitution Task Force shall perform the following functions:

(1) Develop a program addressing prostitution and the needs of persons exploited
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;

(2) 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
ctisis intervention services to persons exploited in prostitution. The rape crisis centers
established under Republic Act No. 8505 and the hospital-based prosecution 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;

(3) Ensure that units are created or identified within relevant government agencies,
particularly those composing the Task Force, 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;

(4) Ensure that relevant government agencies work in close coordination with each other in
addressing prostitution and the needs of persons exploited in prostitution.

(6) 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;

(©) Ensure that local counterparts of the Task Force are created in every municipality, city
and provinces;

(7) Undertake the lead the prosecution of any violation of this Act; and

(8) Promulgate, when necessary, rules and regulations for the effective implementation and
enforcement of this Act.

SECTION 20. Appropriations. - The amount necessary to carry out the provisions of

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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 of local government units (LGUs) for programs, project 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.

TION 21. Separability Clause. - Uf any provision of this Act is declared invalid or
unconstitutional, the remaining provisions shall not affected thereby shall continue in full
force.

SECTION 22. Suppletory Application. - The provisions of Republic Act No, 9280 or
the Anti-Trafficking in Persons Act shall have suppletory application to this Act.

SECTION 23. Repealing Clause. - Article 202 and 341 of the Revised Penal Code are
hereby amended. Articles 111, Section 5 and 6 of Republic Act No. 7610 and all other laws,
decrees, ordinances and rules inconsistent with the provisions of this Act are hereby
modified or repealed accordingly.

SECTION 24. Effectivity Clause, - This Act shall take effect upon completion of its
publication in at least two (2) national newspapers of general circulation.

Approved,