Senate seeks to decriminalize vagrancy

The Senate has passed a bill decriminalizing vagrancy, but clarified prostitution will still be penalized.

Under Senate Bill 1965, submitted jointly by the committees on justice and human rights as well as constitutional amendments, revision of codes and laws, was approved by the body for transmittal to the Lower House for consideration.

In decriminalizing vagrancy, the bill removed the penalties for vagrants under Article 202 of the Revised Penal Code. The measure also provides for the dismissal of all pending cases of vagrancy upon its effectivity and all persons serving sentence for vagrancy prior to the amendment shall also be immediately released, provided they are serving sentence or detained for any other offense or felony.

The Revised Penal Code defines vagrants as any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling; or found loitering in public or semi-public buildings or places or tramping or wandering in the country or the streets without visible means of support.

The definition of vagrants also includes any idle or dissolute person who lodges in houses of ill-fame; ruffians or pimps and those who habitually associate with prostitutes; and those found loitering in any inhabited or uninhabited place without any lawful or justifiable purpose.

Prostitutes, defined as women who, for money or profit, habitually  indulge in  sexual  intercourse or  lascivious  conduct, shall be punished by  imprisonment and fines depending on the discretion of  the courts.

According to Sen. Francis Escudero, chairman of the justice committee and who authored the bill together with Senators Jinggoy Estrada, Richard Gordon and Loren Legarda, the existing law on vagrancy fails to see that vagrants are victims of poverty and the lack of opportunities for employment and access to decent standards of living and quality of life.

“Vagrancy inflicts no harm to society, but if at all, very minimal compared to those grave offenses which cause damage to person, community and property. This should be addressed with treatment rather than with punishment,” Escudero said.

The bill, Escudero said, provides equal protection to women, children and men as authorities cannot anymore recklessly and conveniently use vagrancy in arbitrary arrests.

“We see it all the time in the news, when authorities round up people and no definite charges can be made, vagrancy comes in handy. Cases of this nature have already piled up in our justice system,” he said.

By decriminalizing vagrancy, Escudero said law enforcement officers could already pay more attention to graver offenses and improve the administration of justice in the country.