Prostitution in the Philippines

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Contents 1 Sources 2 Statistics 3 Efforts to Control 4 Legality 4.1 Revised Penal Code Article 202 4.2 Revised Penal Code Article 341 4.3 Republic Act 9208 4.4 Republic Act 7610 - Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act 4.5 Republic Act 6955 - Mail Order Brides 4.6 Republic Act 8042 - Migrant Workers and Overseas Filipinos Act 4.7 Senate Hearing 5 See Also 6 References 7 External links

[edit] Sources

Prostitution in Philippines is available through brothels (also known as casa), bars, karaoke bars (also known as KTVs), Massage Parlors, and escort services. Prostitution is illegal and a criminal offence in the Philippines.

[edit] Statistics

The Coalition Against Trafficking in Women - Asia Pacific (CATW-AP)[2], quoting from Kyodo News, estimated that in 1998 there were 400,000 prostituted women in the Philippines.^[1][2] The International Labor Organization estimated that in 1993/94 there were nearly half a million prostitutes in the country.^[3] A 1997 report put the number of child victims of prostitution at 75,000 in the Philippines.^[3] Despite government warnings, more and more Asians go to other countries for economic reasons. The number of entertainers who go abroad has increased tremendously.

The Philippines is recognised as one of the countries with the highest number of children involved in prostitution. Children are forced to work up to 20 hours a day and are expected to service as many as 100 customers each week. A 2005 estimate, states that it is estimated 150,000 girls work as prostitutes, some as young as six years old. ^[4]

An Australian Government and Australian Law Reform Commission investigation into prostitution in the Philippines states, "Girls are quickly forced into prostitution". "Corruption in the police force and among politicians is reported to be prevalent".^[5]

A survey conducted by the International Labor Organization] reveals that in the experience of most of the women surveyed, prostitution is one of the most alienating forms of labour.^[3] Over 50 per cent of the women surveyed in Philippine massage parlours said they carried out their work “with a heavy heart,” and 20 per cent said they were “conscience stricken because they still considered sex with customers a sin.”^[3] Interviews with Philippine bar girls revealed that more than half of them felt “nothing” when they had sex with a client, the remainder said the transactions saddened them.^[3]

Surveys of women working as masseuses indicated that 34 per cent of them explained their choice of work as necessary to support poor parents, 8 per cent to support siblings and 28 per cent to support husbands or boyfriends.^[3] More than 20 per cent said the job was well paid, but only 2 per cent said it was easy work and only 2 per cent claimed to enjoy the work.^[3] Over a third reported that they had been subject to violence or harassment, most commonly from the police but also from city officials and gangsters.^[3]

[edit] Efforts to Control

In May 2006, the National Bureau of Investigation (NBI) rescued 33 young women from a prostitution den in Makati City.^[6]

Microsoft has awarded over US$1 million through its Unlimited Potential grants to non-governmental organisations (NGOs) across six Asian countries. The latest round of grants will deliver IT training courses specifically for people in human-trafficking hot spots across the region.^[7]

In June 2006, the United States removed Philippines from the Tier 3 watchlist for human trafficking. ^[8]

[edit] Legality

[edit] Revised Penal Code Article 202

Vagrants and prostitutes; penalty. — The following are vagrants:

1. Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling;

2. Any person found loitering about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of support;

3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes;

4. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose;

5. Prostitutes.

For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this articles shall be punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prison correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court.^[9]

[edit] Revised Penal Code Article 341

Penal Code article 341 imposes a penality to any person who “shall engage in the business or shall profit by prostitution or shall enlist the services of any other person for the purpose of prostitution."^[9]

[edit] Republic Act 9208

Section 4 of Republic Act 9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003," deems it 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 women 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.^[10]

[edit] Republic Act 7610 - Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act

Sec. 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:

(a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following:

(1) Acting as a procurer of a child prostitute;

(2) Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means;

(3) Taking advantage of influence or relationship to procure a child as prostitute;

(4) Threatening or using violence towards a child to engage him as a prostitute; or

(5) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution.

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and

(c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment.

Sec. 6. Attempt To Commit Child Prostitution. - There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code.^[11]

[edit] Republic Act 6955 - Mail Order Brides

RA 6955 basically declares as unlawful "the practice of matching Filipino women for marriage to foreign nationals on a mail order basis."^[12]

[edit] Republic Act 8042 - Migrant Workers and Overseas Filipinos Act

^[13]

[edit] Senate Hearing

On September 15, 2004, the first hearing was held on escort services. [3] followed by a second hearing on September 22, 2004, attended by well-known movie personalities [4] and a third hearing, attended by representatives from KTVs. [5]

[edit] See Also

• [Sex Slavery and Human Trafficking in Angeles, Philippines [6]]

[edit] References

1. ^ Factbook on Global Sexual Exploitation - Philippines. Coalition Against Trafficking in Women. Retrieved on 2006-12-29.
2. ^ Sex trade key part of S.E. Asian economies, study says. Asian Economic News, reported by Kyodo News (August 24, 1998). Retrieved on 2006-12-29.
3. ^ ^{a b c d e f g h} International Labor Organization (19 August, 1998). Sex industry assuming massive proportions in Southeast Asia. Press release.
4. ^ "http://www.salvationarmy.org/ihq/www_sa.nsf/vw-issue/53AA2BA6043E361C80257185004AE3C9?opendocument&id=34A6BDBBDD01C4F080257185004AA335
5. ^ [1]
6. ^ Ortiz, Margaux C.. "NBI rescues 33 girls from Makati sex den", Philippine Daily Inquirer, 2006-05-22. Retrieved on 2006-12-19.
7. ^ "Microsoft Partners With Asian NGOs To Fight Human Trafficking", ChinaCSR.com, 2006-06-19. Retrieved on 2006-12-19.
8. ^ Cerojano, Teresa. "US removes RP from human trafficking watch list", Philippine Daily Inquirer (from AP).
9. ^ ^{a b} Revised Penal Code of the Philippines, Book 2. Chanrobles Law Library. Retrieved on 2006-12-19.
10. ^ Anti-Trafficking in Persons Act of 2003. Chanrobles Law Library. Retrieved on 2006-12-19.
11. ^ Special Protection of Children Against Abuse, Exploitation and Discrimination Act. Chanrobles Law Library. Retrieved on 2006-12-19.
12. ^ An act to declare unlawful the practice of matching Filipino women for marriage to foreign nationals on a mail-order basis and other similar practices including the advertisement, publication, printing or distribution of brochures, fliers and other propaganda materials in futherance thereof and providing penalty therefor. Chanrobles Law Library. Retrieved on 2006-12-19.
13. ^ Migrant Workers and Overseas Filipinos Act of 1995. Chanrobles Law Library.

[edit] External links

• Coalition Against Trafficking in Women
• Gabriela network