DECRIMINALIZING PROSTITUTION IN THE PHILLIPINES - House Bill 1706

Nais ng ilang kongresista na i-decriminalize o alisin ang aspeto ng kasong krimen sa mga taong nasasangkot sa prostitusyon o mga sex worker.

Ayon kay Tarlac Rep. Susan Yap, layunin ng House Bill 1706 na kanyang inihain na i-decriminalize ang prostitusyon upang mapangalagaan ang karapatan ng mga prostitute na kadalasang biktima lamang umano ng sindikato at sindikato.

"We should not view the prostitutes as the source of the problem of prostitution. We should instead run after those who lured them into this kind of business," paliwanag ni Yap sa isang pahayag nitong Miyerkules.

Batay umano sa listahan ng Philippine Commission on Women, tinatayang aabot sa 500,000 ang sex workers sa Pilipinas – 100,000 sa mga ito ay mga kabataan.

Naniniwala si Yap na ang pag-alis sa aspeto ng kasong krimen sa prostitusyon na nakasaad sa Revised Penal Code ang tamang hakbang sa pagharap sa naturang problema. (Basahin: ‘Climate change pushes poor women to prostitution, dangerous work’)

Ipinaliwanag ng kongresista na bigo ang kasalukuyang batas na habulin ang mga nasa likod ng prostitusyon katulad ng mga bugaw, recruiter, at may-ari ng mga establisimyento na pinangyayarihan ng prostitusyon.

Binigyan-diin ni Yap na dapat unawain na pumapayag ang mga sex worker na makipagtalik sa kanilang kliyente kapalit ng pera dahil sa kahirapan at biktima ng pagsasamantala.

"The measure seeks to help prostitutes by entitling them to government services like medical services, counseling, shelter and legal protection services," ayon kay Yap.

Bukod kay Yap, naghain din ng hiwalay na panukalang batas sina Reps. Rufus Rodriguez (Cagayan de Oro) at Maximo Rodriguez, Jr. (Abante Mindanao), na naglalayong ding i-decriminalize prostitution at pagkalooban ng sapat na proteksiyon ang mga biktima.

Nakapaloob sa panukala ang pagtatatag ng National Anti-Prostitution Council na inaatasang lumikha ng programa para tugunan ang problema ng prostitusyon at mga nagiging biktima nito.

Lawmaker wants to decriminalize prostitution
By Paolo Romero (The Philippine Star) Updated December 16, 2010 12:00 AM Comments (19) View comments

MANILA, Philippines - Go after the pimps, not the prostitutes.

A female lawmaker yesterday filed a bill seeking the decriminalization of prostitution to curb abuse and exploitation of women lured into sex work.

Tarlac Rep. Susan Yap said the Revised Penal Code punishes women who engage in sexual intercourse for money, failing to address the criminal liability of those who lure them into prostitution and the poverty that forced them into sex work.

Citing a study by the Philippine Commission on Women, she said there are around 500,000 sex workers in the Philippines, many of whom were lured into their profession by criminal syndicates.

Of the number, 100,000 are children. She believes the measure “could be a new approach in addressing the problem (of prostitution in the country.)”

“We should not view the prostitutes as the source of the problem of prostitution. We should instead run after those who lured them into this kind of business,” Yap said.

House Bill 1706 seeks to help prostitutes by entitling them to medical services, counseling, and legal protection services.

Cagayan de Oro Rep. Rufus Rodriguez and his brother Abante Mindanao party-list Rep. Maximo Rodriguez Jr. filed House Bill 1656, a measure that also seeks to decriminalize prostitution and provide victims with adequate protection.

The bill seeks to create the National Anti-Prostitution Council that will develop a program addressing prostitution. It also requires local government units to curb prostitution in their jurisdictions.

The Department of Social Welfare and Development has expressed support for the measure “to remove the stigma on prostitutes and favor the giving of options that will promote the victims’ economic well being.”

ONE COMMENT FROM THE OUTSIDER:

I will support this Bill because I believe that the first step and the only way to have these sex workers medically screened is we have to decriminalize it first. I would rather have a country with professional high quality prostitutes than have a cheap, dirty, high-risk, battered, exploited, abused, extorted, and uncared prostitutes. Decriminalizing it does not mean it will be encouraged. The downside is it will just increase avenues of government corruption because of the fact that it is already our culture as Filipinos that we tolerate corruption in our licensing and regulatory offices.

DECRIMINALIZING PROSTITUTION
IN THE PHILIPPINES:
A CHRISTIAN RESPONSE
TO THE TRAGIC?
Agnes M. Brazal
Hapag 2, No. 2 (2005) 229-248

Until very recently, Philippine law criminalized prostituted
women in its anti-vagrancy/prostitution provision (Article 202), but
was generally silent on pimps, brothel owners and customers. This
ambivalent policy rendered women in prostitution vulnerable to
exploitation and abuse. In the same spirit, the classic Christian doctrine
of sin tends to blame the prostitute and exonerate the perpetrators.
It detaches the prostitute from the moral environment that has bred
the situation of prostitution. A new anti-trafficking law has been
signed which decriminalizes the prostitute and punishes the pimps,
brothel owners and customers. But will this redound to the wellbeing
of women forced by poverty to engage in prostitution? This
paper introduces tragedy as a heuristic lens for ethical discourse and
posits that a “sense of the tragic” may allow Christians to be able to
deal more squarely with the issue of prostitution in the Philippines,
especially on the level of state policy. It explores, within the narrow
horizon of the possible, decriminalization as a Christian response to
prostituted women’s tragic situation. Decriminalization here means
penalizing pimping and the management of brothels but not the sale
and purchase of sexual service itself, as well as according women in
prostitution the right to organize.


TRAGEDY AS HEURISTIC LENS FOR ETHICAL DISCOURSE
This first section aims to clarify how we shall understand the
concepts of “tragedy” and “tragic moral situation” in our discussion.
It begins by introducing the reader to the literary genre of tragedy
and underlines that the concept and genre of tragedy is neither
monolithic nor static but dynamic. Then it focuses on how selected
theologians have used the above terms for ethical discourse and
point out how we shall follow or depart from their line of thinking
Tragedy and the Tragic: Dynamic Concepts
Some authors have attempted to identify the central elements
of tragedy as a literary genre in the West. First, a tragedy may portray
the main character in a moment of glory but this eventually ends in
darkness despite glimmers of hope. Second, in terms of theme and
style, there is in a tragedy an oscillation between the “fatedness of
the hero’s fall and the fierceness of the hero’s assertion of
transcendence.” 1 There is, however, a sense of inevitability in the
tragic fate of the hero. Third, the tragic hero is characterized as an
isolated individual who stands apart from the rest and is oftentimes
a king, prince or warrior and only in rare cases, a person of low
status.

Raymond Williams, in his book Modern Tragedy, unmasked the
discontinuity and the complexity in the Western tradition of tragedy.
He explains, for instance, how the stress in the classical and medieval
tradition of tragedy on the “man of rank” was more due to the fact
that he embodies the fate of the house or the kingdom which he
ruled. This notion, however, was rejected by bourgeois society with
its liberal philosophy for whom the “individual was neither the state
nor an element of the state, but an entity in himself." The gain in this
was that the suffering of a person without a rank could now be
likewise considered as tragic (e.g., Arthur Miller’s Death of a Salesman).
However, in this whole focus on the individual, the link between
the fate of the individual and the social conditions has been forgotten.
Williams notes with lament how: “Before, we could not recognize
tragedy as social crisis; now, commonly, we cannot recognize social
crisis as tragedy.” Marxist critics were instrumental in restoring and
recovering the historical and social dimension of tragedy.
There is also the notion of a sense of inevitability in the tragic
fate of the hero, which actually developed only in the 19th century
when the concept of evil as inescapable and the link to “original sin”
was appropriated in the tradition of tragedy. Williams rightly insists
that there is nothing inevitable in tragedy. The concentration camp,
for example, has been used to depict magnified evil where humans
have reduced other humans into a thing. But while the Nazis built the
camps, others risked their lives to destroy them. There is no evil
which humanity has constructed which others did not resist. A tragic
action, however, may precisely be involved in the overcoming of
evil.

In relation to this, it is true that almost all tragedies end with
the destruction of the hero. But some form of new life can also
come about after the death. An example would be a new regime
exemplified by a new Prince. “Life does come back, life ends the
play, again and again. …What is involved, of course, is not a simple
forgetting, or a picking up for the new day. The life that is continued
is informed by the death; has indeed, in a sense, been created by it.”

Oftentimes we think of tragedy in terms of the fate of the hero but
Williams emphasizes that what is most important is really “what
happens through the hero."

Theologians and the “Sense of the Tragic”
Several theologians have made use of the language of tragedy
or the tragic to enlighten ethical discourse.8 Prominent among them
were the Niebuhr brothers (Richard and Reinhold) who, in 1932,
had a debate regarding the appropriate American response to Japan’s
invasion of Manchuria. The two brothers employed the concept of
tragedy in reflecting on the issue.

Richard argued for non-intervention and advocated instead
self-reflection on Americans’ complicity or sins; for he believed Japan
was just following the United States and other European countries’
imperialist expansion. This inactivity was based on the America’s
lack of moral fiber to stand on as well as a hope that, despite
appearances, God is active in history and a deeper healing is at work.
Reinhold, although recognizing the need for the US to
acknowledge its own sins, stressed the need to curb Japanese
aggression. For him, one could not always act in history from a
“pure love ethic” or in accordance with “perfectionistic moral
standards”. Reinhold argued that it is justice and not love that must
guide the actions of groups. Justice, as a norm, acknowledges the
right of different groups and weighs all their conflicting claims to
establish a “tolerable harmony”. For Reinhold, “To say all this is
really to confess that the history of mankind is a perennial tragedy;
for the highest ideals which the individual may project are ideals
which he can never realize in social and collective terms”
Both brothers actually viewed life as tragic, although for
Richard, it is not the history of humankind itself that was tragic but
for certain individuals and nations, “history can have a tragic
character.” Because the two brothers did not define carefully what
they meant by “tragedy”, they were not able to differentiate the
tragic moral situation and the view of life itself as tragic. Reinhold’s
view of the inevitability of tragedy was dangerous in the sense that it
could lead us to justify actions we suspected were wrong or might
prevent us from striving for the highest ethical ideals and exploring
other alternatives. What Christians need is not a defeatist tragic sense
of life but a moral and theological stance that can help deal creatively
and faithfully with tragic moral situations.

Nevertheless, Reinhold’s use of the concept of tragedy for
our purposes is its link to the insight that on the collective level, we
often deal with a moral situation where we cannot achieve the good
without the use of morally ambiguous actions. There is, therefore, a
need to negotiate the distance between the ethical ideal and the need
for collective action.

Stanley Hauerwas is another well-known theologian who
stressed the need for a “sense of the tragic” in dealing with certain
moral issues. On the debate of the Niebuhr brothers, Hauerwas
notes that Reinhold accepts that his brother’s pure love ethic is more
faithful to the gospel. For him, this ideal should not be abandoned
even if our social ethic or actions will fall short of the ideal, lest we
simply act on the basis of expediency. Hauerwas, however, departs
from Reinhold in the latter’s view that “the peace Christians embody
and seek” is impossible. The peaceable kingdom is a present reality.
Christian hope demands that we live “beyond tragedy” and view
evil as ultimately under the dominion of a gracious God.
Hauerwas employs the concept of “tragedy” to issues that
arise in the medical field which he describes as a tragic profession:
“for to attend to one in distress often means that many others cannot
be helped. Or to save a child born retarded may well destroy the
child’s family and cause unnecessary burdens on society.”
Traditionally, such stories have been called “tragedy”. Medical practice
within the condition of finitude provides a paradigm of moral life
as a tragedy. A culture that loses a sense of the tragic explains its
failures with self-deceiving explanations where the “policy” becomes
the central story. This is manifested in expressions such as “current
medical practice”, “standard hospital policy” or “professional ethics.”
Abortion, for instance, which is a tragic occurrence, may, at times, be
morally necessary. This cannot, however, be simply explained as “the
fetus, after all, is just another piece of flesh”. Hauerwas rightly notes
that “it takes no mean skill, certainly, to know how to hold onto a
description that acknowledges significant life, while remaining open
to judging that it may have to be destroyed. Yet medical practice and
human integrity cannot settle for less.”

Kathleen Sands, a feminist theologian, likewise recognized the
need to deal with tragic moral situations. From her, we get our
definition of the “tragic” which refers to the “conflicted context
where we must create what right and reason we can, is meant to
contribute something toward a more illuminating ethical discourse.”
The “tragic” is most present in “extreme circumstances,” as in the
morally reprehensible choices people are forced to make in the Nazi
concentration camps. But although tragedy usually deals with extreme
situations, in reality, “extreme circumstances are not rare.”

In proposing the use of tragedy as heuristic for theology, Sands
hoped for a way of doing theology that is more question-oriented
rather than doctrine-centered. Tragedies, to her, are “stories or ways
of telling stories that highlight elemental conflicts of truths.”16 These
elemental powers (e.g. image of deities, racism, misogyny or class
privilege) are neither permanent nor eternal and they are always
presented in tragedies as question-worthy. In Greek tragedies, the
chorus comments on the events in the play, as well as participates in
them. An actor converses with the choral leader and his account of
the events off the stage feed the chorus with ideas for new songs in
the next scenes. Tragedies compel both the chorus and the audience
to make their own judgment about the response of the tragic heroes.
Through exposure to such stories, “the community can season its
moral wisdom, sounding existential conflicts for their relative depths,
discarding facile or immature solutions and, right within the narrow
horizon of the possible, identifying acts and attitudes that warrant
praise or blame.” In a tragic situation, the moral choice is, most of
the time, not between the absolute good and evil; but rather, which
is the lesser evil. “Moral judgments, in a tragic context, are not
apprehensions of an unconditional good; they are strategic, contextual
judgments about how the diverse goods of life might best be
integrated and unnecessary suffering minimized in a particular place
and moment.”18 Sands also rightly criticized the fixation in the past
on the male as the locus of heroism.

PROSTITUTION: A TRAGIC SITUATION

Fate as Constructed by Social and Historical Forces
Poverty has always been a major factor compelling Filipinas
to go into prostitution. During the Spanish colonial period, the
previous jobs of the mujeres libres manifest their depressed economic
condition. The records showed that they were laundry washers,
seamstresses, cigarette vendors, workers, vagabonds and mistresses
abandoned by the members of the colonial forces.
War and the preparation for war on the part of the colonial
and neo-colonial powers have also contributed to the rise of
prostitution. Prostitution increased in the last decades of Spanish
colonial rule (end of 19th century) due to the arrival of thousands of
Spanish soldiers who were brought from Spain to crush the Philippine
revolution.20 In like manner, prostitution increased at the height of
the Philippine-American War in 1900 due to the destitution and ruin
brought about by the conflict as well as the presence of thousands
of American soldiers. Another significant increase in prostitution
occurred around the 1970’s partly because of the escalation of the
war in Vietnam and the transformation of the Subic naval base as a
center of services including being a rest and recreation area for
American soldiers. Many of the prostituted women came from the
most economically depressed regions of Bicol and Eastern Visayas.
The major beneficiaries of the servicing activities, aside from the
American military, were the brothel owners and government officials.
In 1970, one-third of the city-council officials had interests in the
prostitution industry. To assure their income, they even passed a
law prohibiting independent solicitation outside the clubs.
The rise in prostitution in the 1970’s was also directly related
to the government’s thrust to promote tourism and export labor power.
This was part of a planned strategy of economic development
devised and supported by the World Bank, the International Monetary
Fund, and the U.S. Aid for International Development to supposedly
help Asian countries increase their dollar reserves and enable them
to pay their debts which the Western banks had indiscriminately lent
to their governments. The tours were of course not really cultural
but oftentimes sex tours. At the peak of sex tourism in the late
1970’s, we had around 350,000 women in the hospitality industry.
Pimping has now gone beyond the level of the brothel owners and
local government officials to the level of the state and transnational
institutions.

Tourism has since then declined but instead of Japanese tourists
coming to the Philippines, women go to Japan and other countries
to work in the sex industry in the guise of entertainment. In 1989,
around 93% of Filipinas working in Japan were into prostitution.
The prostituted woman is produced not only by an unjust
economic order that breeds poverty, militarist expansions, and sex
tourism but also by the social structure of male dominance. Many
prostituted women were first victims of sexual abuse before they
ended up in prostitution. The belief is ingrained in young women
that they have no more dignity and respectability if they lose their
virginity outside of marriage. Women who have been raped enter
prostitution “to live with their ‘kind’.” Thus, pimps, recruiters and
traffickers capitalize on this by raping women to make them submit
more easily to prostitution. This is compounded by the lack of
other economic alternatives for women. Before multinational
corporations rediscovered women as source of cheap labor in the
1970’s, there were more men than women in the labor force. Women
were basically defined as housewives and as suppliers of sex.
jobs were also paid lower than men’s jobs. A 1973 survey of massage
attendants in Manila revealed that fifty percent were household heads
(abandoned by their husbands) and many of them were former
teachers and nurses, which just showed how low paying these femaledominated
jobs are. Single motherhood, itself already a cause of
shame and ostracism, together with lack of jobs with decent income,
combine to push women into prostitution.27 A double standard of
morality is also practiced in society. It is right for men to procure sex
outside marriage or maintain queridas, creating a context rife for the
purchase of sex.

Discordant Responses
The history of government response to prostitution, until very
recently, has ranged from legalization to prohibition that, in general,
punished the prostitute and protected the pimp, john and the brothel
owners. In their three hundred years of colonial rule, the Spanish
authorities did not implement a systematic program to regulate or
control prostitution in the Philippines until the mid 19th century. The
first arrest of prostitutes during the Spanish colonial period was in
1849 when there was great concern about the threat of the spread
of syphillis. To monitor women in prostitution, the Bureau of Public
Health issued license to prostitutes. The prostitutes were subjected to
medical examination twice a week by medical authorities who
rounded up licensed prostitution places.
Prostitution was legalized during the Spanish era in 1897, the
last decade of Spanish rule. The regulation required the control and
licensing of prostitutes and brothels but many refused to register
because the high fees would lessen their income and the greater
supervision and control from the State would restrict their mobility.
The implementation of this decree was further hampered by the
outbreak of the Philippine revolution. In the short-lived Philippine
republic, the President prescribed all prostituted women to acquire a
health certificate that was renewed weekly with the brothel owners
shouldering the cost for the treatment of venereal diseases.
The ensuing American colonial rule tolerated prostitution for
a time. A red light district, established in 1901 to cater to the sexual
needs of the American military officers, had to be closed when all
personnel were prohibited from patronizing brothels by the
Commanding Officer of the US Army in the Philippines who had
been influenced by the prohibitionist movement in the United States.
Local officials followed suit. This, however, did not put an end to
prostitution since some cabarets were not closed and other social
activities like the two-week annual Philippine carnival, as well as the
establishment of military and naval bases, provided the opportunity
for prostitution to thrive.

Until mid-2003, the Philippines has maintained an ambivalent
policy of criminalizing prostituted women through the anti-vagrancy
law while “legalizing” prostitution by requiring women working in
bars and cabarets to undergo periodic check-ups. Article 202 of the
Revised Penal Code defines prostitution as “the habitual indulgence
in sexual intercourse or the lascivious conduct of women for money
or profit.” The prostituted woman was regarded as the criminal in
a crime committed against her person. When apprehended, the
prostitute got further victimized by law enforcers who extorted
money or sexual service from her for her release and by media who
focused on her rather than on the brothel owners and pimps. As a
criminal, she could not file charges of rape against her customers
and abusive law enforcers. The law was chillingly silent about the
clients, pimps30 and brothel owners who are involved in the
proliferation of prostitution and who benefit most from the
prostitution “industry”.

Neither legalization (before the advocacies for reform in
various states in the 1970’s) nor prohibition, as it had been practiced
in the past, really took seriously the well-being of women in
prostitution. Legalization, when it enforces licensing, puts a permanent
stigma on the woman and may have the effect of further limiting
her mobility out of the occupation. Even the requirement of
mandatory medical check-up is not primarily geared towards the
protection of prostituted women but the customers for there was
never a rule against the entry or deportation of foreigners with sexually
transmitted diseases, nor a requirement for the customers to use
condom.

The resulting situation for prostituted women bears
resemblance to the fate of women in the komposo, a modern ballad
in the Central Philippines, which depicts domestic tragedies (incest,
infanticide, physical abuse and homicide, etc.) based on actual events
and feature female victimization by men. Four stereotyped scenes
found in Visayan ballads of domestic tragedies are scenes in a
courtroom, a church, with the parents and at a cemetery. In the court
and the church scenes, neither the judge nor the priest chastises or
punishes the killers of the woman. The parents are also depicted as
simply accepting the fate of their child (i.e. the woman) while the
scene at the cemetery ends by pointing out the culpability of the
woman.

TRAGIC HEROINE: VICTIM AND MORAL AGENT
Our tragic heroines, however, are not only victims but also
moral agents. The focus in international discourse on prostitution
especially the condemnation of forced prostitution has led to the
neglect by both feminists and NGOs of the so-called “voluntary
prostitution”.33 This forced/voluntary distinction, however, is in a
certain sense, simply a mental abstraction in the context of the Third
World where it is oftentimes difficult to make a distinction between
forced and voluntary prostitution.

There are indeed cases when women were deceived about
the real nature of the work that they would do. But many women
also choose to enter or remain in prostitution (even if they had gained
freedom from the pimps) for a host of other reasons like lack of
self-worth combined with poverty. One cannot say in these cases
that there is no element of freedom involved. But the choices are so
limited that the women are in a sense “forced” to sell their flesh in
order to survive. Prostituted women relatively earn higher than in
other types of women’s work even if they have to pay for
“protection” and “steering” which they are not subject to if engaged
in legal types of work.35 Near American military bases, even collegeeducated
women go on part-time prostitution in the hope of finding
an American husband who can rescue them out of poverty. It is a
mistake to judge this as sheer materialism on the part of the women,
for oftentimes, this is done for the sake of the family. Female children,
more than the men, are expected to sacrifice or take on anything for
the sake of helping a sick family member or for supporting the
education of a sibling.

Did they choose their lifestyle or were they trapped? “If you
ask sex workers what they dreamed of being when they were
children, none of them will say my ambition was to be a prostitute.
No, they say, I wanted to be a teacher…a nurse.” No one aspires to
be a prostitute.

In tragedies, the hero is not absolved from being responsible
for his/her actions but s/he makes decisions in a world order that is
not morally neutral. In the context of the world of the prostitutes,
there exist sinful social structures (sexism, an unjust world economic
order, etc.) which have pushed them into or made it more difficult
for them to abandon prostitution.

The individualistic understanding of sin in Christianity and its
one-sided focus on personal guilt in the past have led, on the one
hand, to judging the prostitute as a sinner and, on the other, to ignoring
the systems of exploitation and their perpetrators. Furthermore, this
has fostered the notion that only the innocent victim (prostitute) does
deserve her suffering. A sense of the tragic, however, allows for
greater compassion for the victim, even if she is not innocent. It is
able to acknowledge even more the ambiguities in which people live
and survive rather than the dualism we have created between innocent
and sinful victims. As Brock and Thistlethwaite underline, “[W]e must
refuse to accept the demand for innocence in victims in favor of
their survival skills, resourcefulness, and personal courage.”
Potter Engel also stresses the need to avoid blaming the victim and
treating both perpetrators and victims as equally sinful, for the latter
is responding from a position of powerlessness.

TOWARDS A “SYMPATHETIC PARTICIPATION IN TERROR”
Tragedy engages us in a “sympathetic participation in terror”.
This needs not always mean approval, as King Lear for example is
rarely approved; but in the “dramatic process of a tragedy, the
observer identifies to some extent with the suffering hero.”
Prostitution is one of the most divisive issues in feminist and
other progressive organizations. There are feminists and prostitute
organizations that advocate for decriminalizing prostitution in order
to de-stigmatize prostituted women, allow them to organize, and
make them “visible” so that prostitution can be more properly
regulated. Arguments in favor of this new approach to legalization
push for the recognition of “sex work” as another form of work,
albeit hazardous like boxing, but can be subject to government
regulation. Those in the West also build a discourse on individual
rights and freedom of choice in the line of liberal feminism that tries
to de-stigmatize prostitution by asserting that it is a legitimate job so
long as this is a product of free choice. For them, free choice exists
only when the woman has developed her rationality, does not see
herself simply as a sexual object, and when other job opportunities
exist.

In Asia, an organization that promotes the acceptance of
prostitution as a form of work, as well as the protection of the
human rights and dignity of women in prostitution is the Asian
Women’s Human Rights Council (AWHRC). The council does not
adhere to the notion that sex work per se is exploitation. “[S]ex work
per se is not the problem; abuse, violence, and criminality are the
social problems.” The council also recognizes prostituted women’s
right to work under safe and humane conditions, as well as their
right to self-determination.

It can be asked, however, whether in an attempt to protect
women in prostitution, they minimize the systemic violence embedded
in this system. Brock and Thistlethwaite, focusing on the special nature
of prostitution, comment that to “use the term ‘work’ as if selling
one’s body for sexual use were the equivalent of typing someone’s
letter or serving someone food, masks too much to be useful much
of the time.”

While some sex workers would argue that humanizing
relationships can be formed with the customers, a study of personal
narratives of johns in Thailand show that many of them were
obsessed more with how much they get for their money. “Sex work
is alienated labor …in the emotive sense: that is, separated and causing
separation from authentic feelings, giving rise to isolation and
revulsion.”44 This may be a factor why more women in prostitution
suffer from depression and get addicted to alcohol and drugs as a
way to dissociate them emotionally from what they are doing.45 Most
ethicists would argue against the commodification of the body even
in the form of selling one’s organs, for as embodied beings, our
whole personhood is affected by what we do with our bodies.

Within a global capitalist order, international and local
entrepreneurs have amassed profits from the purchase of women’s
bodies. In the “sale of bodies and organs”, Third World peoples are
usually forced to sell because of poverty. Legalizing pimping and
brothels may further increase the coercion and trafficking of women
and children for prostitution since the now legalized prostitution
industry needs a supply of women to meet the demand of customers.
In May 2003, the President of the Philippines signed a new
law known as Anti-Trafficking in Persons Act of 2003. It defined
trafficking broadly to include prostituting others with or without the
victim’s consent or knowledge. Unlike Article 202 of the
Revised Penal Code, this law criminalizes and penalizes
the brothel owners, pimps and the johns while
decriminalizing the prostitute who is considered a victim of the act
of trafficking: “[I]n this regard, the consent of a trafficked person
to the intended exploitation set forth in this Act shall be irrelevant”. Whereas Article 202 defined prostitution as a habit or
lascivious conduct of women for the purpose of earning money,
the new law defines prostitution in a way that places greater
responsibility on the brothel owner, pimp and customer. It “refers
to any act, transaction, scheme or design involving the use of a person
by another, for sexual intercourse or lascivious conduct in exchange
for money, profit or any other consideration” (Sec. 3). In its repealing
clause (Sec. 32), the new law has implicitly revoked the section in
Article 202 that criminalized the prostitute.
Does this law promise new hope for women in prostitution?
It is definitely an improvement over previous laws which punish the
prostitute and exonerate the perpetrators. This time, the law punishes
only the second and the third parties. It also implicitly protects women
working in bars, massage clinics, and the like from forced prostitution
and exploitation.

Republic Act No. 9208.
Decriminalizing Prostitution in the Philippines

It is not, however, certain that its abolitionist approach towards
prostitution, would lead to a better situation for “voluntary”
prostitutes or those not coerced into prostitution through the use of
physical force, intimidation or deceit. While penalizing the customers
would address the male sexual behavior that perpetrates prostitution,
this would deprive “voluntary” prostitutes of opportunities for
earning and may simply push them to work underground or abroad
where they do not have the support systems that exist in their own
localities. The abolitionist approach may seem to be closest to the
community’s ideal but, in actual practice, may work against the wellbeing
of prostitutes.
Furthermore, the new law has a provision on confidentiality
(Sec. 7), which protects the right to privacy not only of the trafficked
person but of the accused as well and penalizes heavily those who
violate this section. In a country like the Philippines mired by
corruption, this may simply help deter the prosecution of offenders.
Where do all of these leave us? As a state, we are faced here
with a situation where, on the one hand, the prohibition or abolition
of prostitution may end up victimizing further the prostitute, while
on the other hand, legalizing prostitution as another form of work
may be compromising and blinding ourselves too much as to the
nature of prostitution work.

We can only continue to grope for a collective response within
the narrow horizon of the possible. The new anti-trafficking law
may serve to effectively combat the coercion of women to
prostitution by physical force, intimidation or deceit. It, however,
criminalizes the second (customer) and third party (pimp, john, brothel
owners) and thus all forms of prostitution.
It is in humility and with the knowledge that this will still lead
to some form of suffering, that we pose the question whether we
should consider allowing a limited form of decriminalization. Can a
space be provided for the individual sale and purchase of sexual
service by not criminalizing the customer? This implies a modification
of the anti-trafficking law and the repeal of the whole anti-vagrancy
provision so that a certain form of prostitution (e.g., independent
solicitation or street prostitution) is decriminalized. This is in
consideration of the fact that many women resort to sex work as
“survival strategy”.

In a way, the phrasing of the anti-pimping provision in the
new law already prevents implicating the family, which a woman
supports through her earnings. It says that it is unlawful “[T]o knowingly
benefit from financial or otherwise, or make use of, the labor or
services of a person held to a condition of involuntary servitude,
forced labor, or slavery” (Sec. 5). The focus of this provision against
pimping is on the involuntariness or coercion and not simply benefiting
financially from the prostitution.

Within this limited form of decriminalization, women in
prostitution can be encouraged to organize themselves so that they
can participate in the formulation of local ordinances (e.g.,
geographical and time zonings), protect themselves from violence,
and assert certain rights such as the right to refuse customers or
particular sexual acts. A questionable aspect in the new anti-trafficking
law is its lack of recognition of women in prostitution as subjects
with the capacity for agency and responsibility. This is at least
recognized in our limited form of decriminalization.

In decriminalization, women will not be stigmatized by a
criminal record or by a requirement of licensing. Hopefully it will be
able to prosecute more the violence committed against women. It is
said that where pimping is considered a crime, the tendency for the
police is to ignore the battery or rape and concentrate on the man’s
pimping crime. However, if women in prostitution were organized,
then they may have greater courage and support for the prosecution
of offenders. There should likewise be an active promotion and
education of both men and women towards responsible sexual
behavior. Hygiene clinics should not target only the women in
prostitution and should be located in more neutral parts of the city
to provide medical service for all.48
Arrested pimps and brothel owners should be subjected to
counseling. There should also be stricter implementation of laws
against child abuse and prostitution (as provided for in the antitrafficking
law), domestic violence, rape, and strong institutional
support for women who wish to leave prostitution (therapy, skills
training, etc).

Using the lens of “tragedy”, decriminalization in this sense,
should not be misconstrued as legalization, which regards prostitution
as a job like any other. A tragic situation is never an ideal situation.
But where viable economic alternatives are still absent, one should
protect and empower, as much as possible, women in prostitution
and redress the injustices that they have long suffered.

The issue of prostitution presents us with a tragic moral
situation where the choice, if we keep our feet solidly on the ground,
is not between the absolute good and that of evil but which state
policy can best minimize suffering. A “sense of the tragic” can
hopefully provide us with the imaginative holds necessary so we can
continue to move forward as a collectivity.

Republic Act No. 9208.
Decriminalizing Prostitution in the Philippines

Republic of the Philippines
Congress of the Philippines
Metro Manila

Twelfth Congress
Second Regular Session

Begun held in Metro Manila on Monday, the twenty-second day of July, two thousand two

Republic Act No. 9208 May 26, 2003

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Title. This Act shall be known as the "Anti-Trafficking in Persons Act of 2003".

Section 2. Declaration of Policy. – It is hereby declared that the State values the dignity of every human person and guarantees the respect of individual rights. In pursuit of this policy, the State shall give highest priority to the enactment of measures and development of programs that will promote human dignity, protect the people from any threat of violence and exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary migration and servitude of persons, not only to support trafficked persons but more importantly, to ensure their recovery, rehabilitation and reintegration into the mainstream of society.

It shall be a State policy to recognize the equal rights and inherent human dignity of women and men as enshrined in the United Nations Universal Declaration on Human Rights, United Nations Convention on the Rights of the Child, United Nations Convention on the Protection of Migrant Workers and their Families. United Nations Convention Against Transnational Organized Crime Including its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and all other relevant and universally accepted human rights instruments and other international conventions to which the Philippines is a signatory.

Section 3. Definition of Terms. - As used in this Act:

(a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs.

The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth in the preceding paragraph.

(b) Child - refers to a 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.

(c) Prostitution - refers to any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.

(d) Forced Labor and Slavery - refer to the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception.

(e) Sex Tourism - refers to a program organized by travel and tourism-related establishments and individuals which consists of tourism packages or activities, utilizing and offering escort and sexual services as enticement for tourists. This includes sexual services and practices offered during rest and recreation periods for members of the military.

(f) Sexual Exploitation - refers to participation by a person in prostitution or the production of pornographic materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt bondage, fraud or through abuse of a victim's vulnerability.

(g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or those of a person under his/her control as security or payment for a debt, when the length and nature of services is not clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of the debt.

(h) Pornography - refers to any representation, through publication, exhibition, cinematography, indecent shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual activities or any representation of the sexual parts of a person for primarily sexual purposes.

(i) Council - shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this Act.

Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts:

(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;

(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;

(e) To maintain or hire a person to engage in prostitution or pornography;

(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and

(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons, shall be unlawful:

(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons;

(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons;

(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons;

(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons;

(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons;

(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and

(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery.

Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:

(a) When the trafficked person is a child;

(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group;

(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee;

(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies;

(f) When the offender is a member of the military or law enforcement agencies; and

(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).

Section 6. Confidentiality. - At any stage of the investigation, prosecution and trial of an offense under this Act, law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the case, shall recognize the right to privacy of the trafficked person and the accused. Towards this end, law enforcement officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary to ensure a fair and impartial proceeding, and after considering all circumstances for the best interest of the parties, order a closed-door investigation, prosecution or trial. The name and personal circumstances of the trafficked person or of the accused, or any other information tending to establish their identities and such circumstances or information shall not be disclosed to the public.

In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor, publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and radio, producer and director of a film in case of the movie industry, or any person utilizing tri-media facilities or information technology to cause publicity of any case of trafficking in persons.

Section 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of any offense under this Act, the trafficked person, the parents, spouse, siblings, children or legal guardian may file a complaint for trafficking.

Section 9. Venue. - A criminal action arising from violation of this Act shall be filed where the offense was committed, or where any of its elements occurred, or where the trafficked person 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.

Section 10. Penalties and Sanctions. - The following penalties and sanctions are hereby established for the offenses enumerated in this Act:

(a) Any person found guilty of committing any of the acts enumerated 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 found guilty of committing any of the acts enumerated in Section 5 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);

(c) Any person found guilty of qualified trafficking under Section 6 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);

(d) Any person who violates Section 7 hereof 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);

(e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its commission;

(f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar establishments in a different name;

(g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from entering the country;

(h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit clearances, passports, registration certificates, counseling certificates, marriage license, and other similar documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under this Act. The concerned government official or employee shall, upon conviction, be dismissed from the service and be barred permanently to hold public office. His/her retirement and other benefits shall likewise be forfeited; and

(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate rescission of the decree of adoption.

Section 11. Use of Trafficked Persons. - Any person who buys or engages the services of trafficked persons for prostitution shall be penalized as follows:

(a) First offense - six (6) months of community service as may be determined by the court and a fine of Fifty thousand pesos (P50,000.00); and

(b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One hundred thousand pesos (P100,000.00).

Section 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10) years: Provided, however, That trafficking cases committed by a syndicate or in a large scale as defined under Section 6 shall prescribe in twenty (20) years.

The prescriptive period shall commence to run from the day on which the trafficked person is delivered or released from the conditions of bondage 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 13. Exemption from Filing Fees. - When the trafficked person institutes a separate civil action for the recovery of civil damages, he/she shall be exempt from the payment of filing fees.

Section 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in Persons. - 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 it has 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, property or instruments of the offense.

Section 15. Trust Fund. - All fines imposed under this Act and the proceeds and properties forfeited and confiscated pursuant to Section 14 hereof shall accrue to a Trust Fund to be administered and managed by the Council to be used exclusively for programs that will prevent acts of trafficking and protect, rehabilitate, reintegrate trafficked persons into the mainstream of society. Such programs shall include, but not limited to, the following:

(a) Provision for mandatory services set forth in Section 23 of this Act;

(b) Sponsorship of a national research program on trafficking and establishment of a data collection system for monitoring and evaluation purposes;

(c) Provision of necessary technical and material support services to appropriate government agencies and non-government organizations (NGOs);

(d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the public, the academe, government, NGOs and international organizations; and

(e) Promotion of information and education campaign on trafficking.

Section 16. Programs that Address Trafficking in Persons. - The government shall establish and implement preventive, protective and rehabilitative programs for trafficked persons. For this purpose, the following agencies are hereby mandated to implement the following programs;

(a) Department of Foreign Affairs (DFA) - shall make available its resources and facilities overseas for trafficked persons regardless of their manner of entry to the receiving country, and explore means to further enhance its assistance in eliminating trafficking activities through closer networking with government agencies in the country and overseas, particularly in the formulation of policies and implementation of relevant programs.

The DFA shall take necessary measures for the efficient implementation of the Machine Readable Passports to protect the integrity of Philippine passports, visas and other travel documents to reduce the incidence of trafficking through the use of fraudulent identification documents.

It shall establish and implement a pre-marriage, on-site and pre-departure counseling program on intermarriages.

(b) Department of Social Welfare and Development (DSWD) - shall implement rehabilitative and protective programs for trafficked persons. It shall provide counseling and temporary shelter to trafficked persons and develop a system for accreditation among NGOs for purposes of establishing centers and programs for intervention in various levels of the community.

(c) Department of Labor and Employment (DOLE) - shall ensure the strict implementation and compliance with the rules and guidelines relative to the employment of persons locally and overseas. It shall likewise monitor, document and report cases of trafficking in persons involving employers and labor recruiters.

(d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused of trafficking and designate and train special prosecutors who shall handle and prosecute cases of trafficking. It shall also establish a mechanism for free legal assistance for trafficked persons, in coordination with the DSWD, Integrated Bar of the Philippines (IBP) and other NGOs and volunteer groups.

(e) National Commission on the Role of Filipino Women (NCRFW) - shall actively participate and coordinate in the formulation and monitoring of policies addressing the issue of trafficking in persons in coordination with relevant government agencies. It shall likewise advocate for the inclusion of the issue of trafficking in persons in both its local and international advocacy for women's issues.

(f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration and alien administration laws. It shall adopt measures for the apprehension of suspected traffickers both at the place of arrival and departure and shall ensure compliance by the Filipino fiancés/fiancées and spouses of foreign nationals with the guidance and counseling requirement as provided for in this Act.

(g) Philippine National Police (PNP) - shall be the primary law enforcement agency to undertake surveillance, investigation and arrest of individuals or persons suspected to be engaged in trafficking. It shall closely coordinate with various law enforcement agencies to secure concerted efforts for effective investigation and apprehension of suspected traffickers. It shall also establish a system to receive complaints and calls to assist trafficked persons and conduct rescue operations.

(h) Philippine Overseas Employment Administration (POEA) - shall implement an effective pre-employment orientation seminars and pre-departure counseling programs to applicants for overseas employment. It shall likewise formulate a system of providing free legal assistance to trafficked persons.

(i) Department of the Interior and Local Government (DILG) - shall institute a systematic information and prevention campaign and likewise maintain a databank for the effective monitoring, documentation and prosecution of cases on trafficking in persons.

(j) Local government units (LGUs) - shall monitor and document cases of trafficking in persons in their areas of jurisdiction, effect the cancellation of licenses of establishments which violate the provisions of this Act and ensure effective prosecution of such cases. They shall also undertake an information campaign against trafficking in persons through the establishment of the Migrants Advisory and Information Network (MAIN) desks in municipalities or provinces in coordination with DILG, Philippine Information Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs and other concerned agencies. They shall encourage and support community based initiatives which address the trafficking in persons.

In implementing this Act, the agencies concerned may seek and enlist the assistance of NGOs, people's organizations (Pos), civic organizations and other volunteer groups.

Section 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be recognized as victims of the act or acts of trafficking and as such shall not be penalized for crimes directly related to the acts of trafficking enumerated in this Act or in obedience to the order made by the trafficker in relation thereto. In this regard, the consent of a trafficked person to the intended exploitation set forth in this Act shall be irrelevant.

Section 18. Preferential Entitlement Under the Witness Protection Program. - Any provision of Republic Act No. 6981 to the contrary notwithstanding, any trafficked person shall be entitled to the witness protection program provided therein.

Section 19. Trafficked Persons Who are Foreign Nationals. - Subject to the guidelines issued by the Council, trafficked persons in the Philippines who are nationals of a foreign country shall also be entitled to appropriate protection, assistance and services available to trafficked persons under this Act: Provided, That they shall be permitted continued presence in the Philippines for a length of time prescribed by the Council as necessary to effect the prosecution of offenders.

Section 20. Inter-Agency Council Against Trafficking. - There is hereby established an Inter-Agency Council Against Trafficking, to be composed of the Secretary of the Department of Justice as Chairperson and the Secretary of the Department of Social Welfare and Development as Co-Chairperson and shall have the following as members:

(a) Secretary, Department of Foreign Affairs;

(b) Secretary, Department of Labor and Employment;

(c) Administrator, Philippine Overseas Employment Administration;

(d) Commissioner, Bureau of Immigration;

(e) Director-General, Philippine National Police;

(f) Chairperson, National Commission on the Role of Filipino Women; and

(g) Three (3) representatives from NGOs, who shall be composed of one (1) representative each from among the sectors representing women, overseas Filipino workers (OFWs) and children, with a proven record of involvement in the prevention and suppression of trafficking in persons. These representatives shall be nominated by the government agency representatives of the Council, for appointment by the President for a term of three (3) years.

The members of the Council may designate their permanent representatives who shall have a rank not lower than an assistant secretary or its equivalent to meetings, and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting, rules and regulations.

Section 21. Functions of the Council. - The Council shall have the following powers and functions:

(a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in persons;

(b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act;

(c) Monitor and oversee the strict implementation of this Act;

(d) Coordinate the programs and projects of the various member agencies to effectively address the issues and problems attendant to trafficking in persons;

(e) Coordinate the conduct of massive information dissemination and campaign on the existence of the law and the various issues and problems attendant to trafficking through the LGUs, concerned agencies, and NGOs;

(f) Direct other agencies to immediately respond to the problems brought to their attention and report to the Council on action taken;

(g) Assist in filing of cases against individuals, agencies, institutions or establishments that violate the provisions of this Act;

(h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE, DSWD, Technical Education and Skills Development Authority (TESDA), Commission on Higher Education (CHED), LGUs and NGOs;

(i) Secure from any department, bureau, office, agency, or instrumentality of the government or from NGOs and other civic organizations such assistance as may be needed to effectively implement this Act;

(j) Complement the shared government information system for migration established under Republic Act No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995" with data on cases of trafficking in persons, and ensure that the proper agencies conduct a continuing research and study on the patterns and scheme of trafficking in persons which shall form the basis for policy formulation and program direction;

(k) Develop the mechanism to ensure the timely, coordinated, and effective response to cases of trafficking in persons;

(l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries through bilateral and/or multilateral arrangements to prevent and suppress international trafficking in persons;

(m) Coordinate with the Department of Transportation and Communications (DOTC), Department of Trade and Industry (DTI), and other NGOs in monitoring the promotion of advertisement of trafficking in the internet;

(n) Adopt measures and policies to protect the rights and needs of trafficked persons who are foreign nationals in the Philippines;

(o) Initiate training programs in identifying and providing the necessary intervention or assistance to trafficked persons; and

(p) Exercise all the powers and perform such other functions necessary to attain the purposes and objectives of this Act.

Section 22. Secretariat to the Council. - The Department of Justice shall establish the necessary Secretariat for the Council.

Section 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilitation and reintegration into the mainstream of society, concerned government agencies shall make available the following services to trafficked persons:

(a) Emergency shelter or appropriate housing;

(b) Counseling;

(c) Free legal services which shall include information about the victims' rights and the procedure for filing complaints, claiming compensation and such other legal remedies available to them, in a language understood by the trafficked person;

(d) Medical or psychological services;

(e) Livelihood and skills training; and

(f) Educational assistance to a trafficked child.

Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation and reintegration of the trafficked persons shall be adopted and carried out.

Section 24. Other Services for Trafficked Persons. -

(a) Legal Assistance. - Trafficked persons shall be considered under the category "Overseas Filipino in Distress" and may avail of the legal assistance created by Republic Act No. 8042, subject to the guidelines as provided by law.

(b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos as provided for by Republic Act No. 8042 shall also be extended to trafficked persons regardless of their immigration status in the host country.

(c) The Country Team Approach. - The country team approach under Executive Order No. 74 of 1993, shall be the operational scheme under which Philippine embassies abroad shall provide protection to trafficked persons insofar as the promotion of their welfare, dignity and fundamental rights are concerned.

Section 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and other appropriate agencies, shall have the primary responsibility for the repatriation of trafficked persons, regardless of whether they are documented or undocumented.

If, however, the repatriation of the trafficked persons shall expose the victims to greater risks, the DFA shall make representation with the host government for the extension of appropriate residency permits and protection, as may be legally permissible in the host country.

Section 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include offenses of trafficking in persons among extraditable offenses.

Section 27. Reporting Requirements. - The Council shall submit to the President of the Philippines and to Congress an annual report of the policies, programs and activities relative to the implementation of this Act.

Section 28. Funding. - The heads of the departments and agencies concerned shall immediately include in their programs and issue such rules and regulations to implement the provisions of this Act, the funding of which shall be included in the annual General Appropriations Act.

Section 29. Implementing Rules and Regulations. - The Council shall promulgate the necessary implementing rules and regulations within sixty (60) days from the effectivity of this Act.

Section 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right to Travel. - Nothing in this Act shall be interpreted as a restriction of the freedom of speech and of association, religion and the right to travel for purposes not contrary to law as guaranteed by the Constitution.

Section 31. Separability Clause. - If, for any reason, any section or provision of this Act is held unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby.

Section 32. Repealing clause. - All laws, presidential decrees, executive orders and rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly: Provided, That this Act shall not in any way amend or repeal the provision of Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act".

Section 33. Effectivity. - This Act shall take effect fifteen (15) days from the date of its complete publication in at least two (2) newspapers of general circulation.

Approved,
FRANKLIN DRILON
President of the Senate JOSE DE VENECIA JR.
Speaker of the House of Representatives

This Act, which is a consolidation of Senate Bill No. 2444 and House Bill No. 4432 was finally passed by the Senate and the House of Representatives on May 12, 2003 respectively.
OSCAR G. YABES
Secretary of Senate ROBERTO P. NAZARENO
Secretary General
House of Represenatives

Approved: May 26, 2003.

GLORIA MACAPAGAL-ARROYO
President of the Philippines

Lawmakers move to decriminalize prostitutionsend your feedback on this press release
15 December 2010 07:48:41 AM
Writer: Abigail A. Modino, MRS-PRIB

There are about 500,000 sex workers in the Philippine, many of whom were lured and exploited by crime syndicates, according to the Philippine Commission on Women.

This prompted the lawmakers to file several measures decriminalizing prostitution and upholding the rights of victims being exploited by crime syndicates.

Rep. Susan Yap (2nd District, Tarlac), principal author of House Bill 1706, said decriminalizing prostitution could be a new approach in addressing the problem.

"We should not view the prostitutes as the source of the problem of prostitution. We should instead run after those who lured them into this kind of business," Yap said.

Yap said the Revised Penal Code, which punishes women who engage in sexual intercourse for money, fails to recognize compelling reasons such as poverty and human trafficking.

Citing a report of the Philippine Commission on Women, Yap said of the estimated 500,000 sex workers in the country, 100,000 of whom are children.

Yap said the existing law also fails to address the criminal liability of exploiters such as recruiters, pimps, bar or brothel owners and customers who cause the prostitution.

"The measure seeks to help prostitutes by entitling them to government services like medical services, counseling, shelter and legal protection services," Yap said.

Reps. Rufus Rodriguez (2nd District, Cagayan de Oro) and Maximo Rodriguez, Jr. (Party-list, Abante Mindanao), also filed of House Bill 1656, which also seeks to decriminalize prostitution and provide victims with adequate protection.

The bill seeks to create the National Anti-Prostitution Council that will develop a program addressing prostitution and needs of persons exploited in prostitution and those vulnerable.

The measure likewise requires local government units to use their powers to curb prostitution within their jurisdictions.

The Department of Social Welfare and Development represented by. Maricris Calipjo expressed support for the measure "to remove the stigma on prostitutes and favor the giving of options that will promote the victims' economic well being."

EDITORIAL
Not the cure to the problem

A female member of the House of Representatives wants to decriminalize prostitution ostensibly to curb abuse and exploitation of women. In a bill filed in the so-called lower chamber of Congress Tarlac Rep. Susan Yap argues that while the Revised Penal Code punishes women who engage in sexual intercourse for money, it has failed to address the criminal liability of those who lure them into prostitution.

Legalization of prostitution which is the hidden intention of the Tarlac solon in filing House Bill 1706 would no doubt result in the proliferation of prostitutes. Far worse, the proposal would in effect recognize and consider prostitution as a profession, not much different from the practice of law, medicine, engineering, etc.

In seeking the decriminalization of the “oldest profession,” Yap cited a study of the Philippine Commission on Women which said there are no less than 500,000 prostitutes in the country “many of whom were lured into sex work” by criminal syndicates.
MINDANAO MIRROR
Editorial
December 17, 2010


While there is no denying that quite a number of these so-called “commercial sex workers” are victims of criminal syndicates, the majority of them are into prostitution to earn money the easy way, virtually without sweat, with “fun” to boot.

There is, likewise, no arguing about running after prostitution syndicates and their pimps with hammer and tongs. Yet, why exempt the prostitutes themselves from criminal liability for engaging in not just illegal but highly immoral activities? If pimps are considered accessories to prostitution, how should the prostitutes themselves be categorized? If prostitutes are not the principals in the practice of the “oldest profession” which, to repeat, is both illegal and immoral, the least that can be said of them is that they are the accomplices.

The Tarlac congresswoman’s proposal to decriminalize prostitution is not the cure to this social problem. Instead of curbing prostitution, it will encourage to go into prostitution more women who don’t want to work to earn a living the honest and decent way.

GOOD MORNING PHILIPPINES

I hope you were done reading on my posts above. Those are different sources on the hot topic this week regarding one famale representative who seeks decriminalizing prostitution in our beloved country.

HOW ABOUT YOU, GUYS HERE IN PINOYMANIA...WE ARE PINOYS...WE SHOULD HAVE OUR VOICES BE HEARD, TOO.

THIS IS A HOT TOPIC THIS WEEKEND...HOW I WISH PINOYMANIA COULD HEAR YOUR VOICES, TOO GUYS..

PLEASE FEEL FREE TO POST YOUR COMMENTS HERE

thank you and Have a BLESSED SUNDAY, my dear PINOYS