Professional Documents
Culture Documents
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is illegal.
- It is a serious crime with penalties ranging up to life
imprisonment for those involved in trafficking.
-It is covered by the Anti-Trafficking in Persons Act.
-
Prostitution is sometimes illegally available
through brothels (also known as casa), bars, karaoke bars (also
known as KTVs), massage parlors, street walkers and escort
services.
-There are an estimated 800,000 women working as prostitutes in
the Philippines, with up to half of them believed to be underage.
-Prostitution caters to local customers and foreigners . Media
attention tends to focus on those areas catering to sex tourism,
primarily through bars staffed by bargirls.
- Other tourist areas such as Cebu have also developed a high
profile prostitution industry.
ÔWomen and children involved in prostitution are vulnerable
to rape, murder, AIDS and other sexually transmitted diseases.[8]
-Surveys of women working as masseuses indicated that 34
percent of them explained their choice of work as necessary to
support poor parents, 8 percent to support siblings and 28 percent
to support husbands or boyfriends.[9] More than 20 percent said
the job was well paid, but only 2 percent said it was easy work
and only 2 percent claimed to enjoy the work.[9]
-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.[9]
-A survey conducted by the International Labor Organization
revealed that in the experience of most of the women surveyed,
prostitution is one of the most alienating forms of labor. Over 50
percent of the women surveyed in Philippine massage parlors
said they carried out their work ³with a heavy heart,´ and 20
percent said they were ³conscience-stricken because they still
considered sex with customers a sin. Interviews with Philippine
bar girls revealed that more than half of them felt ³nothing´ when
they had sex with a client, the remainder said the transactions
saddened them.
omen are vulnerable in Japan, not because they lack skills, but because
they are young, beautiful women in a hazardous or vulnerable
occupation. Trafficking laws exists but are not enforced.
- In 1984, there were 7 provinces with child sex rings. Today, they are
present in 37 provinces.
-?[
-Somewhere in Angeles city; STD cases rose five times. The RHWC
treated 1,421 cases in 2005, 2,516 cases in 2006 and 6,229
cases in 2007. Most of the afflicted were women.
LAWS:
%
&
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Ô & c
Vagrants and prostitutes; penalty. ² 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.
Ô & c
(
Penal Code article 341 imposes a penalty to any person who
³shall engage in the business or shall profit by prostitution or shall
enlist the services of any other person for the purpose of
prostitution."[156]
Ô
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.
Ô
)*(Ô+
c
,
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.
-
*--Ô'
Ô
RA 6955 basically declares as unlawful "the practice of matching
Filipino women for marriage to foreign nationals on a mail order
basis."
-
Ô' " .& /
RA 8042 (Long title: An Act to Institute the Policies of Overseas
Employment and Establish a Higher Standard of Protection and
Promotion of The Welfare of Migrant Workers, Their Families and
Overseas Filipinos in Distress, and for Other Purposes.) The act
contains provisions which regulate the recruitment of overseas
workers; mandate establishment of a mechanism for free legal
assistance for victims of illegal recruitment; direct all embassies
and consular offices to issue travel advisories or disseminate
information on labor and employment conditions, migration
realities and other facts; regulate repatriation of workers in
ordinary cases and provide a mechanism for repatriation in
extraordinary cases; mandate establishment of a Migrant Workers
and Other Overseas Filipinos Resource Center to provide social
services to returning worker and other migrants; mandate the
establishment of a Migrant Workers Loan Guarantee Fund to
provide pre-departure and family assistance loans; establishes a
legal assistance fund for migrant workers; and other provisions
related to Filipino migrant workers. The act, approved on June 7,
1995, mandates that pursuant to the objectives of deregulation
the Department of Labor and Employment (DOLE) shall, within a
period of five (5) years, phase-out the regulatory functions of
the Philippine Overseas Employment Administration(POEA).[159]
!
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House of Representatives of the Philippines Citizen's Battle
Against Corruption (CIBAC) Reps. Emmanuel Joel Villanueva and
Cinchona Cruz-Gonzales, on September 24, filed House
Resolution No. 779 to intensify the fight against human trafficking
on all levels, from legislation, policy formulation, enforcement and
prosecution, to rehabilitation and support for victims. Villanueva
said: "Human trafficking is fast becoming a major transnational
crime next only to the illegal drugs trade and illegal arms trade.
Most of the victims of trafficking are being exploited as
commercial sex workers, forced laborers and even unwilling
organ donors. We must consider the reports of the victims that
lack of funds and resources are key problems in the full
implementation of the Anti-Trafficking of Persons Act, including
the necessary support and protection." The National Bureau of
Investigation (Philippines) reported "more than 400,000 persons
from both government and non-government organizations who
are victims of trafficking and almost 100,000 of these victims are
children." Cruz-Gonzales said: "As of last year, only a little over a
thousand cases were officially reported."[160]
%
The United Nations Office on Drugs and Crime has designated
human Trafficking as a crime against humanity. [3][4] [6][7] In 2002,
theInternational Criminal Court (ICC) was established in The
Hague (Netherlands) and the Rome Statute provides for the ICC
to have jurisdiction over crimes against humanity. For the purpose
of this Statute, "crime against humanity" means any of the
following acts when committed as part of a widespread or
systematic attack directed against any civilian population, with
knowledge of the attack:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical
liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution,
forced pregnancy, enforced sterilization, or any other form
of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity
on political, racial, national,
ethnic, cultural, religious, gender as defined in paragraph 3,
or other grounds that are universally recognized as
impermissible under international law, in connection with any
act referred to in this paragraph or any crime within the
jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally
causing great suffering, or serious injury to body or to mental
or physical health.