Sex not needed to prove prostitution: Undercover cops liable to charges

The Integrated Bar of the Philippines Cebu City Chapter said undercover policemen who have sex with bargirls during police operations then later charge them for prostitution may be charged for violating Republic Act 9208 also known as the Anti-Trafficking in Persons Act of 2003.

Gloria Dalawampu, one of the IBP officials, said some methods used by law enforcers in carrying out operations against establishments suspected of being fronts for prostitution are condemnable.

She pointed out that undercover policemen need not have sex with suspected prostitutes to prove the crime as the act of accepting a bar fine by the establishment's manager is already proof of prostitution. Customers pay a bar fine to take out a girl out of the club.

Section 11 of Republic Act 9208 penalizes any person who buys or engages the services of trafficked persons for prostitution. Those who are found guilty of this shall be meted with six months community service as may be determined by the court and fined P50,000 for the first offense.

The second offense merits a P100,000 fine and a year in jail, but public officials and employees, especially law enforcers, may be charged administratively and face dismissal from service if found guilty.

Dalawampu said she will sponsor a resolution during the next meeting of the IBP officials condemning the use of undercover policemen to have sex with the suspected prostitutes.

Based on records, the National Bureau of Investigation and the Criminal Investigation and Detection Group conducted the last three operations against alleged prostitution dens.

Two weeks ago CIDG operatives raided Mr. Moon KTV in sitio Panagdait, barangay Mabolo, and arrested the two Korean owners, the floor manager and seven women who are allegedly prostitutes.

Prior to the raid an undercover policeman had sex with one of the club's dancers. According to the joint affidavit of the CIDG operatives, one of them posed as a customer and paid a P3,500 bar fine to the floor manager.

The undercover policeman then took the woman to a nearby motel and had sex with her before signaling other police operatives to carry out the raid.

After three days the police filed charges for violation of Article 341 and R.A. 9208 against Korean Haji Wang and Sung Won and floor manager, Blue Catarra Rosales.

The police also charged the woman with whom the undercover policeman had sex for prostitution while the other girls were charged with vagrancy.

Last week the NBI raided two suspected prostitution dens and rescued 44 bargirls but did not use an undercover policeman in their operations, going only as far as to wait until the bar fine was accepted to carry out arrests. NBI regional director Medardo De Lemos said they treat suspected prostitutes as victims and not criminals.

Among those raided by the NBI were Club Harem in Mandaue City and Celebrity Club at the downtown area.

The NBI turned over the minors to the Department of Social Welfare and Development while the others were eventually released with the exception of the manager and the owners who were charged for violating the Anti-Trafficking in Persons Act.

Last January 4, a joint police team composed of operatives from the Criminal Investigation and Intelligence Branch, Vice Control Section, and the Drug Enforcement Unit, raided the Papillon Bar along General Maxilom Avenue and arrested 26 guest relations officers and their floor manager after two women were caught in the act of having sex with two policemen who served as decoys.

Two of the 26 guest relation officers were charged for prostitution while the rest were charged for vagrancy. The floor manager was charged for violating the Anti-Trafficking in Persons Act.