Every individual tries to make ends meet with whatever means of income they have. Unfortunately for many, some may resort to illegal, unethical, and immoral work such as prostitution. This is the practice of engaging in sexual activity in exchange for immediate cash. As pitiful as it already is, children, not just adults fall victim to prostitution after being trafficked. In the Philippines, this type of work stems from socio-economic concerns that go against the country’s culture and conservative Catholic views. Because of this, despite prostitution being illegal, it is largely tolerated.
Legal Basis
The Revised Penal Code governs the laws on prostitution. Mainly, Article 202 of the RPC provides its definition, penalties, and controversies. There are also related RPC provisions on prostitution1. Moreover, there are special laws that are related and govern over prostitution, especially on its penalties. These laws are: anti-trafficking in persons, RA 7610, Anti-Photo and Video Voyeurism, Safe Spaces Act, and the like. These laws provide protection from exploitation and safeguarding the welfare of the people.
Forms of Prostitution
Prostitution has long been present in the Philippines, and comes in different forms. The oldest and most visible form is Street Prostitution. This is highly common in highly urbanized areas such as Metro Manila. Those who engage in this type of prostitution are most vulnerable to violence and harassment. Another infamous type of prostitution in the Philippines are GROs or “Bar Girls” in nightclubs and karaoke bars. This type is the most publicly tolerated, and some clients pay extra to take workers off-premises. Similarly, Escort Services or Call Girls is also familiar in the country. This caters to affluent clients, facilitated usually via agencies, phones, online booking. The Brothel or House Prostitution type is where sex workers are exploited by a manager in a closed establishment. Managers control the workers’ time and earnings for their benefit. With the emergence of technology, Cybersex has developed wherein prostitution is readily serviced and availed remotely through the internet, and often involves minors.
Elements of Prostitution
Prostitution as well has certain elements. One is the sexual service or act. These are engagements of sexual intercourse, explicit sexual acts, or other similar forms of lascivious conduct. In the modern age, this also includes cybersex, sexual exploitation and acts through online modality. In immediate exchange for such acts is the payment or profit for the worker’s benefit. This element holds that the acts performed were not out of intimacy or affection, but rather for commercial matters. Payment is usually monetary, but can also be in the form of goods, shelter, debt bondage, and the like. Another element of prostitution that it is habitual or is already professional in nature. One is habitually engaging in sexual intercourse or lascivious conduct, emphasizing its economic nature of providing means of income, despite being illicit. Lastly, another element is with regards to the actors and their roles: the sex worker, the individual doing the act and being paid in exchange for the service; the client, the one who receives the services and pays. They can likewise be penalized under anti-trafficking laws especially when the involved party is a minor; and the exploiter, the third party who organizes, manages, recruits, and profits as well from facilitating the illicit transaction.
Illegality and Penalties
Prostitution is illegal in the Philippines, explicitly stated in the Revised Penal Code. The law imposes criminal penalties on the sale of sex, and law enforcement agencies can arrest individuals involved. Despite its illegality, prostitution is somewhat tolerated, with law enforcement being rare for sex workers themselves. Penalties for those involved in trafficking can range up to life imprisonment, covered by the Anti-Trafficking in Persons Act of 2003.
The Revised Penal Code and other Special Laws provide the penalties for prostitution. Those who engage, exploit, and who pay for the service can all be penalized. For individuals engaging in prostitution, they can be penalized or fined, or both. For traffickers or exploiters, they are penalized for trafficking in persons which can be 20 years to life imprisonment and a fine of Php1M-Php5M. For business owners, they may face administrative penalties such as cancellation of business permits and closure of establishments. For foreigners, they may face deportation and permanent ban.
In the case of People vs Dominguez, Dominguez hired a 15 year old to babysit a 1 year old in Cagayan. Instead of working as a babysitter, she was made to work as an entertainer at a bar against her will. She was drinking beer with male customers and she was repeatedly violated. The court ruled that the crime committed possessed the elements of prostitution, and gave focus on the victim being a minor. Dominguez was found guilty and sentenced to life imprisonment and obligated to settle fines and civil damages2.
- Philippines. (1930, December 8). Revised Penal Code (Act No. 3815) § 20. Retrieved from https://lawphil.net/statutes/acts/act1930/act_3815_1930b.html ↩︎
- People of the Philippines v. Dominguez, G.R. No. 267140, November 6, 2024 ↩︎
