2007 O - 51 - ADDRESSING THE SYSTEM OF PROSTITUTION, IMPOSING PENALTIES ON ITS PERPETRATORS,PROVIDING PROTECTIVE MEASURES

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON OCTOBER 18, 2007 AT THE CITY HALL.

PRESENT:

Hon. Cynthia G. Cajudo - - - - - - - - - - - - - - - - - City Vice-Mayor & Presiding Officer Hon. Gina Gulanes-Perez - - - - - - - City Councilor
Hon. John Carlos G. Delos Reyes- - - - - - - - - - - “ “
Hon. Rodel S. Cerezo - - - - - - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - - - - - “ “
Hon. Sarah Lugerna Lipumano-Garcia - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - - - - - “ “
Hon. Angelito W. Baloy - - - - - - - - - - - - - - - - - - “ “
Hon. Aquilino Y. Cortez, Jr.- - - - - - - - - - - - - - - - “ “
Hon. Anselmo A. Aquino- - - - - - - - - - - - - - - - - - “ “
Hon. Elena C. Dabu- - - - - - - - - - - - - - - - - - - - - - “ “
Hon. Robine Rose C. Buenafe- - - - - - - - - - - - - - - SK Federation President

ABSENT:

Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - - - - - - President, Liga ng mga Barangay

WHEREAS, prostitution has always been viewed as a problem about women and children – those usually have been bought. However, it is also a problem about business establishment and the buyers themselves, who are predominantly men and often shielded from the laws;

WHEREAS, international instrument such as 1949 Convention for the Suppression of Prostitution and the Convention for the Elimination of Discrimination Against Women clearly encourages states to stop violence against women, particularly all forms of sexual exploitation, as a party to the Convention, the Philippine State is therefore obliged to institute mechanisms to eliminate various forms of sexual exploitation, including prostitution;

WHEREAS, the Declaration of Principle and the State Policies of the 1987 Constitution mandates that the State shall ensure the fundamental equality before the law of women and men;

WHEREAS, pursuant to the general welfare clause of the Republic Act. No. 7160 of the Local Government Code of 1991, every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare;

WHEREAS, the Anti-trafficking in Persons Act of 2003 or Republic Act No. 9208 expressly prohibits the trafficking of persons by any means for the purpose of prostitution, pornography, and sexual exploitation;

WHEREAS, there is an immediate need to eliminate prostitution, to penalize its perpetrators and patrons, as well as to protect its victims.

NOW, THEREFORE, on motion of Councilor Gina G. Perez, co-sponsored by Councilor Elena C. Dabu, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to enact the following Ordinance:


ORDINANCE NO. 51
(Series of 2007)

AN ORDINANCE ADDRESSING THE SYSTEM OF PROSTITUTION, IMPOSING PENALTIES ON ITS PERPETRATORS, PROVIDING PROTECTIVE MEASURES AND SUPPORT SERVICES FOR THE PROSTITUTED PERSONS, AND FOR OTHER PURPOSES

BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED THAT:


SECTION 1. Definitions of Terms. – The following terms are defined for the purposes of this Ordinance:

a. Prostitution – any act, transaction, scheme or design involving use or exploitation of person, whether through the performance of such act or mere demonstration thereof, whether woman, man or child, for the sexual gratification or pleasure of another in exchange of money or checks, profit or other consideration, or any act that promotes or facilitates the accomplishment of the said act, transaction, scheme or design, as specifically defined in Section 2 of this Ordinance.

b. Persons exploited in prostitution – refers to a woman, man or child used, exploited or employed for another person’s sexual gratification or pleasure and for the monetary gain or profits of others, as defined in Section 2 of this Ordinance.

c. Child – refers to any person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition.

d. Sexual Exploitation – refers to the practice by which women are sexually subjugated through abuse or violation, either overt or convert, of women’s sexuality and physical and mental integrity, as a means of achieving power and domination, including gratification, financial gain, and advancement.

e. Sexual Act – refers to the sexual intercourse, including genital-to-genital, oral-to-genital, anal-to-genital, or oral-to-anal intercourse or contact, insertion of any instrument or object into the genital or anal orifice of any person, bestiality, masturbation, sadistic or masochistic abuse, exhibition of the genitals in the public area or to any person, and any acts of a sexual nature, whether the same is made between persons of the same or opposite sex.

f. Establishment – refers to any business, enterprise or establishment, including but not limited to, sauna bath, massage parlor, discotheque, bar restaurant, resort, lodging house, motel, hotel, theater, ship, vessel, cab or taxi, or any other vehicle, or any dwelling, house, jail, detention center, structure or building serving as a cover or venue for the prostitution, or any group, association or organization that engages in prostitution activities as defined in Section 2 of this Ordinance.

g. Solicitation – refers to any manners of procurement or buying of sexual services with money or any other consideration as payment.


SECTION 2. Punishable Acts. – Prostitution is a crime committed by:

a. Any person who gives or delivers money or any other consideration in exchange for the actual performance or mere demonstration of sexual activities as defined in Section 1 of this Ordinance by a person exploited in prostitution, regardless of whether a person exploited in prostitution, regardless of whether a person giving or delivering money or any other consideration is the recipient of such sexual act;

b. Any person who is recipient of a sexual act as defined in Section 1 (e) of this Ordinance, whether such a recipient has given or delivered money or any other consideration for the procurement of a person exploited in prostitution; Provided, however, that for the purpose of this Section, being a recipient shall include a person or persons or crowds with whom or for whom a person exploited in prostitution has actually performed or merely demonstrated the sexual act;

c. Any person who offers another for sexual exploitation in exchange for money or any other consideration;

d. Any person who induces, persuades, entices, compels, kidnaps, recruits or in any manner procures or causes a person to work in establishment knowing that the same is involved in prostitution activities or when he/she has reasonable cause to believe that such establishment is involved in the said activities;

e. Any person who organizes or arranges travel tours and tourism-related activities that involve the sexual exploitation of any person or the escort services of any person who is expected to perform the sexual acts as defined in this Ordinance;

f. Any person who uses information technology or any form of media for purpose of prostitution;

g. Any person who derives profit or advantage from any of the prohibited acts defined in this Section as owner, operator, manager, head, director, officer, or agent of the establishment where the prostitution activity takes place or of the establishment serving as a cover or venue for such prostitution activity or aiding another establishment or person involved in any prostitution activity;

h. Any person who leases / sub leases or in any manner allows the use of any dwelling, house, structure, building, land or any other property knowing that the lessee/ sub lessee intends to use or uses it for prostitution activities as defined in this Section. For the purposes of this paragraph, the owner of the dwelling, house structure, building, land or any other property used for prostitution and his/her agent shall be presumed to have knowledge that the place is being used or intended to be used for prostitution unless he/she disproves it;

i. Any member of the military or police establishment, or any other government official or employee, or any person in authority who commits, causes, promotes, facilitates, allows or tolerates the commission of any of the acts defined in this Section, or who, in any manner, provides protection to the perpetrators of the said acts;


j. Any official or employee of any jail or detention center or any person connected thereto who commits, causes, promotes, facilitates, allows or tolerates the commission of any acts defined in this Section upon inmates or who, in any manner, provides protection to the perpetrators of the said acts;

k. Any person who advertises, organizes, arranges, manages, promotes or facilitates in any manner or under any pretext, the commission of any of the acts prohibited under this Section.

For the purpose of this Section, it is understood that the prohibited acts of prostitution may be committed by any natural or judicial person, establishment as defined in Section 1 (f) above or any other place not otherwise mentioned in Section 1 (f).

SECTION 3. Persons Liable – The acts defined in Section 2 of this Ordinance maybe committed by any natural or judicial person, establishment association, club, movement, cult, religious group or organization. For the purpose of Section 2, the term “person” when used to refer to the offender, shall be interpreted to include the aforesaid persons or entities whenever applicable.

SECTION 4. Personal and Sanctions –

a. Any person found guilty of the acts defined in Section 2 (a) and (b) shall be penalized as follows:

First Offense – Six (6) months of mandatory human rights education on the plights of the victims of prostitution, six (6) months imprisonment and a fine of Four Thousand Pesos (P4,000.00);

Second and Subsequent Offenses – imprisonment of one (1) year and a fine of Four Thousand Pesos (PhP4,000.00);

However, when the person exploited in prostitution referred to in Section 2 (a) and (b) is a child, the penalty shall be as follows:

First Offense – imprisonment of one (1) year and a fine of Four Thousand Pesos (PhP4,000.00);

Second and Subsequent Offenses – imprisonment of one (1) year and a fine of Five Thousand Pesos (PhP5,000.00)

b. Any person found guilty of the acts defined in this Section 2 (c), (d) and (e) shall suffer the penalty of imprisonment of six (6) months and a fine of Four Thousand Pesos (PhP4,000.00); Provided, however, that when the person exploited in prostitution under Section 2 (c), (d) and (e) is a child, the penalty shall be one (1) year imprisonment and a fine of Five Thousand Pesos (P5,000.00);

c. Any person found guilty of the acts defined in Section 2 (f), (g), (h), (i), (j) and (k) shall suffer penalty of one (1) year imprisonment and a fine of Five Thousand Pesos (PhP5,000.00);


d. When the offender is a legal or common-law spouse, ascendant, parent, guardian, stepparent, collateral relative within the fourth degree of consanguinity or affinity or one who exercises parental authority or moral ascendancy over the person exploited in prostitution, he/she shall suffer the penalty of one (1) year imprisonment and a fine of Five Thousand Pesos (P5,000.00) This penalty shall also apply to any offender who is legal spouse or common-law spouse of any of the persons aforementioned;

e. When the offender is any establishment as defined in this Ordinance, the penalty shall be imposed upon the owner and operator or manager, or the directors and officers, or the responsible officers or agents of the establishment, corporation, partnership or association found to be engaged in any of the acts define in Section 2 of this Ordinance.

In addition, the establishment, corporation, partnership or association shall be immediately closed and its registration and/or license to operate shall be revoked. A sign with the words “off limit” shall be conspicuously displayed outside the establishment by the City government for such period as it may determine which shall not be less than one (1) year. The unauthorized removal of such sign shall be punishable by imprisonment of six (6) months.

f. When the offender is a person who is exploited in prostitution, he/she shall be penalized as follows:

First Offense – the offender shall undergo three (3) months of mandatory counseling and rehabilitation program with the Department of Social Welfare and Development (DSWD), six (6) months imprisonment;

Second and Subsequent Offense – imprisonment of one (1) year and mandatory counseling and rehabilitation program with the DSWD for six (6) months;

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

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

h. Any person founded guilty of an attempt to commit child prostitution shall suffer the penalty of imprisonment of one (1) year and a fine of Five Thousand Pesos (P5, 000.00), without prejudice to the filing of other criminal charges under other applicable laws;

Except to the extent referred to in Section 4 (f) above, any person founded guilty of any prohibited act under Section 2 shall, in addition to the penalty of imprisonment and fine, undergo a rehabilitation program with the DSWD for a period of not less than three (3) moths but not longer than one (1) year; provided, that only first-time offenders shall undergo such rehabilitation program. The DSWD shall submit to the court a report on the rehabilitation of the offender.

SECTION 5. Responsibilities of the City Government in Anti-Prostitution Efforts. The City Government shall exercise its power to curb prostitution within its respective jurisdiction. It shall be unlawful for any city government agency or office to issue licenses or


permits for the operation of any establishment that is used for intended to be used for any prostitution activity. Any such license or permit already issued prior to the effectivity of this Ordinance shall be deemed automatically revoked or cancelled and shall not be renewed.

It is also the responsibility of the City Government to conduct public information campaign against prostitution, carrying out rescue operations and ensuring the safety or security of victims of prostitution.

SECTION 6. Social Services and Programs - There shall be a Local Anti-Prostitution Task Force composed of the following:

a. Social Services and Development as lead agency;
b. City Health Department;
c. Philippine National Police;
d. Three (3) non-government organizations to be selected by NGOs providing support services to victims of prostitutions; and
e. Three (3) representatives of persons exploited in prostitution.

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

i. Develop program in addressing prostitution and the needs of persons exploited in prostitution and those vulnerable to be exploited in prostitution. The program shall include public information and education campaign against prostitution, crisis intervention service, education assistance, socio-economic assistance such as sustainable livelihood skills training and financial support for scale businesses, and integration and complete after-care programs or person exploited in prostitution among others;

ii. Identify and, if necessary, create centers in strategic [laces all over the city that will provide health services including counseling and therapy, temporary shelter and other crisis intervention services to persons exploited in prostitution. The rape crisis centers established under Republic Act No. 8505 and the hospital-based protection units for women and children may also serve as centers servicing the persons exploited in prostitution. Each center shall establish a network of health care and other service providers to address the needs of persons exploited in prostitution;

iii. Ensure that units are created or identified within relevant government agencies, particularly those composing the Task Force that shall include units within the National Prosecution Service Offices in local governmental units that shall specifically focus on the prosecution of offenders of this Ordinance.

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

v. Develop and implement training program for law enforcers, public prosecutors, judges, government lawyers, government health care providers, social workers and barangay officials that aims to increase their understanding in prostitution as a system, and equip them with the perspective and skills approximately address the needs of persons exploited in prostitution, respect, protect, and promote their human rights, pursue and the protection of offenders;

vi. Ensure that counterparts of the City task Force are created in barangays where prostitution is reported to be rampant;

vii. Undertake the lead of the prosecution of any violation of this Ordinance; and

viii. Promulgate, when necessary, rules and regulations for the effective implementation and enforcement of this Ordinance.

SECTION 7. Separability Clause. – The provisions of this Code are hereby declared to be separable and in the event that one or more of the other provisions are held illegal or unconstitutional, the validity of the other provisions shall not be affected.

SECTION 8. Repealing Clause. – Ordinances, executive orders and other local legislation inconsistent with this Ordinance are hereby modified or repealed accordingly.

SECTION 9. Effectivity. – This Ordinance shall take effect immediately upon its approval.

APPROVED UNANIMOUSLY, October 18, 2007.


CYNTHIA G. CAJUDO
City Vice-Mayor & Presiding Officer


GINA GULANES - PEREZ JOHN CARLOS G. DELOS REYES
City Councilor City Councilor


RODEL S. CEREZO MAREY BETH D. MARZAN
City Councilor City Councilor


SARAH LUGERNA LIPUMANO-GARCIA EDWIN J. PIANO
City Councilor City Councilor


ANGELITO W. BALOY AQUILINO Y. CORTEZ, JR
City Councilor City Councilor


ANSELMO A. AQUINO ELENA C. DABU
City Councilor City Councilor


CARLITO A. BALOY ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay SK Federation President
(Absent)


ATTEST:

ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor
ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor