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In the case of ZACARIAS VILLAVICENCIO, ET AL., vs. JUSTO LUKBAN, ET AL.

,
(G.R. No. L-14639 March 25, 1919), Justo Lukban as Manila City's Mayor
together with Anton Hohmann, the city's Chief of Police, took custody of about
170 women at the night of October 25 without the latter’s consent and
knowledge and thereafter were shipped to Mindanao specifically in Davao
where they were signed as laborers. Said women are inmates of the houses of
prostitution situated in Gardenia Street, in the District of Sampaloc. The same
was however ruled by the Supreme Court as an abuse of the exercise of the
Police Power.

a. If you are the City Mayor of Manila what other measures could you
have adopted to solve the problem? Discuss in full.

Prostitution has moral and societal consequences. To some, it is


considered as a public nuisance which must be abolished. Tolerating
prostitution will greatly harm not only the public but also the women
themselves. It is suggested then that:

1. Prostitution must be suppressed or even abolished. Government


should enact laws to prohibit all acts of prostitution. Focus should
be made not only to the women but also to the customers who
patronize it.
2. Education is a major prevention to the perennial problem on
prostitution. Young people and women should be educated on
sexuality and healthy relationships. This includes conducting
social awareness to the public.
3. Access to health should be provided to the women including
rehabilitation centers and programs. They need help until they
become self-reliant enough to provide for themselves and their
families through other legal and healthy means.
4. They should also be taught on economic literacy including
involvement and creation of other livelihood programs for them.

b. How would you have justified that particular solution that you have
think off in paragraph a, if one of those adversely affected by it will
question the legality of your action before the court? Discuss fully.

The above mentioned solutions do not violate the Constitutional


rights of these women considering that Prostitution in the
Philippines is not legal. In fact, the measures mentioned are actually
advantageous to the women.
At the very least, it may deny women’s right to work. However, this
can be countered by providing other livelihood programs which are
moral, legal, and healthy.

The State has the strong power to regulate or even abolish activities
which are against the law, public order, public morals and good
customs. In one study, it said that prostitution is like cancer. It begins
in one spot and will spread throughout the community, killing
everything around it. Drugs, burglary, theft, child molestation, rape
and murder are the by-products of prostitution.1 No doubt,
prostitution affects family and social disorganization. It is also
disheartening to know that prostitution promotes sex trade,
trafficking and outbreak of AIDS and HIV. These negative effects
weigh more than the benefits it can bring.

1 Effects of Prostitution, John W. Tanner, December 27, 1987.

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