Research on Prostitution

Arguments against legalization of prostitution.

1. Legalization of prostitution is a violation of the constitution.
a. Article 2. Sec. 11 The State values the dignity of every human person and guarantees full
respect for human rights.
b. Article 2. Sec. 14 The State recognizes the role of women in nation-building, and shall
ensure the fundamental equality before the law of women and men.
c. Article 2. Sec. 15 The State shall protect and promote the right to health of the people
and instill health consciousness among them.

2. Prostitution fuels other crimes like trafficking of persons, rape, violence against women and
children etc. and the legalization of it will promote this heinous crimes.
a. The case of People vs Dina P. Dulay, wherein the appellant was inviolation of RA 7610,
wherein the victim a minor was delivered and offered for a fee to the accused who
with lewd design and by means of force and intimidation, did then and there willfully,
unlawfully and feloniously have carnal knowledge on said minor complainant AAA
against her will and without her consent.
b. Olivarez vs CA
In the deliberation of the senate in the words of The President Pro Tempore stated the
essence of prostitution is profit.
c. People of the Philippines vs Anthony E. Sandig
Quote the words of Justice Azcuna Even a prostitute can be the victim of rape, for she
can still refuse a man's lustful advances.

Also cited in the case of People v. Baniguid and People v. Bernaldez.

3. Prostitution is inherently harmful and dehumanizing.
a. Harmful STD
b. Dehumanizing -

4. Against Morals








Leagal Sources:
Revised Penal Code of the Philippines
As amended by REPUBLIC ACT NO. 10158 AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS
PURPOSE ARTICLE 202 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL
CODE
"Article 202. Prostitutes; Penalty. 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 article 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 prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both,
in the discretion of the court."
Republic Act No. 7610 or The Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act
RA 9208 Anti-Trafficking of Person Act
Prostitution is defined under the RA 9208 Anti-Trafficking of Person Act as to any act, transaction,
scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct
in exchange for money, profit or any other consideration.
Target consensual prostitution.











The negative side believes that prostitution fuels other crimes such as trafficking of persons, rape,
violence of women and children, homicide etc. and the legalization of it will promote the commission of
these crimes. Jurisprudence in the country supports this position that legalization of prostitution will
carry with it the further commission of these crimes.
In the case of People vs Dina P. Dulay, wherein the appellant was in violation of RA 7610 The Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act, wherein the victim a
minor was delivered and offered for a fee to the accused. The accused with lewd design and by means
of force and intimidation did then and there willfully, unlawfully and feloniously have carnal knowledge
on said minor against her will and without her consent. The act of delivery and offer for a fee of the
accused is in line with the definition of prostitution as defined under RA 9208 Anti-Trafficking of Person
Act as to any act, transaction, scheme or design involving the use of a person by another, for sexual
intercourse or lascivious conduct in exchange for money, profit or any other consideration. This is similar
to the modus of pimps in selling their prostitutes to their customers. Due to prostitution, the crimes of
rape, human trafficking and child abuse have been committed against the minor victim.
Also in the case People vs Heinrich S. Ritter, where in the accused-appellant challenges the conviction
of the crime involving a young girl of about 12 years old who had been allegedly raped and who later
died because if a foreign object left inside her vaginal canal. In the said case a Rosario Baluyot prostitute
by profession died due to septicemia and peritonitis caused by the foreign object or the cut sexual
vibrator lodged in the vagina which led to the infection from the uterus to the fallopian tube and into
the peritoneum and abdominal cavity. The Supreme Court acquitted the accused-appellant on the rape
and homicide charges for the failure of the prosecution to prove beyond reasonable doubt the guilt of
the accused. Nonetheless, the case clearly supports our argument that prostitution fuels the commission
of the crime that resulted to the death of the sex worker.
Also in the case of People vs. Hadja Jarma Lalli y Purih, Ronnie Aringoy y Masion, and Nestor
Relampagos, wherein a consolidated case was filed against the accused-appellants for the crimes of
Illegal Recruitment and Trafficking in Person. In the cited case Lolita Plando was forced to work as
entertainers at Pipen Club. She worked from June 14 to July 8, 2005, every night a customer used her.
She had a least one customer or more a night and at most she had around five customers a night.
Because of prostitution the life of Lolita Plando is scared by the greed the accused and the lust of the
customers who violated her.
In the three cases presented it is evident that prostitution creates opportunities for the perpetrators to
commit crimes against our laws. Legalization of it will not only promote further spread of malice in the
minds of the people, it will also amplify the wrongs of the persons engaged in the prostitution.