MANILA, Philippines - President Aquino has signed into law Republic Act 10158 or the Act Decriminalizing Vagrancy and ordering the release of those convicted of the offense unless charged with another crime.
RA 10158, signed on March 27, amends Article 202 of the Revised Penal Code.
Under Article 202, prostitutes, defined as women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, can be charged with vagrancy.
“Any person found guilty of any of the offenses covered by this article shall be punished by arresto menor or a fine not exceeding P200, and in case of recidivism, by arresto mayor in its medium period to prision correctional in its minimum period or a fine ranging from P200 to P2,000, or both, in the discretion of the court,” the RA read.
Arresto menor means one to 30 days of imprisonment; arresto mayor is one month and one day to six months and prision correctional is six months and one day to six years.
“All pending cases under the provisions of Article 202 of the Revised Penal Code on Vagrancy prior to its amendment by this Act shall be dismissed upon effectivity of this Act,” the RA stated.
It also ordered the immediate release of persons convicted of vagrancy.
“All persons serving sentence for violation of the provisions of Article 202 of the Revised Penal Code on Vagrancy prior to its amendment by this Act shall be immediately released upon effectivity of this Act: Provided, That they are not serving sentence or detained for any other offense or felony,” the Act said.
Meanwhile, the newly enacted law decriminalizing vagrancy will have little effect on the Bureau of Jail Management and Penology (BJMP) since most of the cases are treated in the territorial police stations.
In a telephone interview with The STAR, Jail Officer 2 Wilfredo Ungi of the Navotas City jail said that there is no one presently detained for vagrancy.
“Individuals accosted by police for vagrancy don’t usually get to the BJMP premises,” said Ungi, adding that most of the vagrancy cases are for record purposes and released for further investigation.
For their part, policemen agreed with Sen. Francis Escudero that decriminalizing vagrancy would allow law enforcement officers to pay more attention to graver offenses and improve the administration of justice in the country. -- With Cecille Suerte Felipe