Professional Documents
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relations yet beckons for regulation. A society's response to prostitution goes to the
core of how it chooses between the rights of some persons and the protection of
Us, humans, are granted with the privilege to act upon our own free will. It
is a gift with a corresponding responsibility to ensure that our acts fall within what
men consider as righteous and acceptable in accordance with social norms and
tradition. For if one is found doing an act considered as abominable in the eyes of
many, such person will be treated as an infectious disease that should be avoided at
all costs. Among those acts which are considered to be abominable is the act of
Thinking lowly of prostitutes is not too different from the way people, who
are members of one big organized religious cult, apply a hateful regard towards the
infidels who do not subscribe to their beliefs. It is the same as the racism many
Filipinos are born into owing to their parents’ routine and casual use of slurs
like the way they acquire their famously banal racism and religious zealotry,
1
Barbara Miele Hobson, The Uneasy Virtue, Cambridge Publishing, November 24, 1987
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that prostitutes are a disgrace in the society and that whatever abuse or violence
they encounter should be treated as self-inflicted. It is easy for people to put down
the hammer and render judgment as to who they think deserves justice and
protection, and sadly, for most, prostitutes are not one of them. Most people find it
hard to cast sympathy to the prostitutes even when the abuse and human rights
violation against the latter are rampant. This is what the proponent sees as the
reason why the enactment of R.A. 10158 otherwise known as “An Act
Decriminalizing Vagrancy of 2012” was overlooked. This is despite the fact that
the said amendment is discriminatory for nurturing gender inequality and for being
contradictory with existing laws not only in our country but also laws under
pertinent UN Charters.
Prior to the amendment of Article 202 of the Revised Penal Code, the said
provision penalizes vagrants and by the term “vagrants”, it includes: (1) Those
who loiter the streets including houses of the ill-famed without any means of
prostitution; (3) pimps; and (4) Prostitutes. After the amendment of the said law,
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Notably, the above provision focuses law enforcement and legal sanctions
it continues to criminalize prostituted women while letting the customers and the
lessen.
The necessity for the further amendment of the said law is not only
anchored upon gender inequality. The author of this article also found a solid basis
that leaves no hole to mandate and require Congress to pass another amendatory
law, and this time, it has to decriminalize the prostituted women as well.
(MCW for brevity) is a special comprehensive women's human rights law that
and promotion of the rights of Filipino women, especially those belonging in the
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and to the UN Human Rights Council on its first Universal Periodic Review in
2009.
against women. It provides that the Philippines government must "ensure the
substantive equality of men and women" and mandates the State to take steps to
review, amend or repeal existing laws that are discriminatory towards women.
However, one may argue that while it is the duty of the State to provide for
the protection of women, it may not be applicable to prostituted women given that
they are treated as criminals under Article 202 of the Revised Penal Code as
Amended by R.A. 10158. The answer lies in Section 30 of R.A. 9710 which treats
considered victims and thus, entitled to the protection that the Constitution
provides.
Furthermore, in the recent case of People vs Lalli4, the Supreme Court held
that Filipinas who were illegally recruited in Malaysia and who were forced to
work as prostitutes are victims. The Court held that the criminal case of
3
Section 30. Women in Especially Difficult Circumstances. - For purposes of this Act, "Women in
Especially Difficult Circumstances" (WEDC) shall refer to victims and survivors of sexual and physical abuse,
illegal recruitment, prostitution, trafficking, armed conflict, women in detention, victims and survivors of rape
and incest, and such other related circumstances which have incapacitated them functionally. Local
government units are therefore mandated to deliver the necessary services and interventions to WEDC under
their respective jurisdictions.
4
GR No. 195419
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doubt that Lolita experienced physical suffering, mental anguish, fright, serious
Section 12 of the the Magna Carta of Women 5 also provides for the duty of
the State to amend or repeal laws which are discriminatory to women, which,
among others, include Article 202 of the Revised Penal Code (RPC) as amended.
reiterate the prevailing doctrine when it comes to conflicting laws. It is very clear
that Article 202 as amended by RA 10158 (Vagrancy Act of 2012) runs counter
with Section 30 of RA 9710 (Magna Carta of Women), but the question is, which
general law and the other a special law, efforts must first be exerted to harmonize
the two laws. In the event that the two laws cannot co-exist or when the two laws
are contradictory on all material points, the special law prevails. In this case, the
Magna Carta of Women, being the special law, must prevail over Article 202 of the
5
Section 12. Equal Treatment before the Law. - The State shall take steps to review and, when
necessary, amend and/or repeal existing laws that are discriminatory to women within three (3) years from the
effectivity of this Act.
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the mantle of protection which the law and justice provides. Such protection
extends especially to those who are weak and those who cannot protect themselves
from harm and danger arising out of their own circumstances. Prostituted women
are victims and they must be given understanding, protection and care. It well-
settled in our jurisdiction that those who have less in life, must have more in law,
however, this principle would not be realized if the law itself convicts and
is for the reasons that: it nurtures gender inequality; it runs counter with the special
law of Magna Carta of Women; it is the duty of the State to protect women
tantamount to serving justice to those who are entitled to it. The time is ripe for our
law makers to take heed to what law, equity and substantial justice require,
otherwise, the very purpose of the rule of law will complete be defeated.
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