LEGALIZING PROSTITUTION IN THE PHILIPPINES

Bondoc, Diaz, Estay, Flores J. AC11

I. Introduction

Last September 19-22, 2018, our class went to an Exposure Trip visiting various

manufacturing companies in Angeles, Pampanga and Laguna. On our way going to our hotel, we

noticed countless bars staffed by bargirl. We saw girls in the go-go bar wearing tiny white tops

and short skirts or short pants. Men in their 20’s to 40’s have dominated the area, conversing

with the girls about something unspoken. We were shocked by the image we saw-Prostitution as

bold as it can be, as if it’s a natural recurring scene in that city. But as we dive deep into it,

women in this field are often looked at or judged as sinners and home wreckers. But are these

women “criminals” or just victims of cruelty and judgemental community? Although the

government made a step to stop prostitution (Anti- Prostitution Act of 2010), it is still tolerated

because law enforcement turns a blind eye, and often accept bribes from sex workers in the form

of sexual favors. The government itself is not combatting it hand in hand. That is the reason why

we decided to argue about legalizing prostitution in the Philippines, instead. It may sound odd

and contradicting but this proposal might give a concrete way to help women in this industry.

Prostitution can be defined as the practice of engaging in sexual activity with someone

for payment either in form of money or other kinds of favors. A prostitute can be termed as a

person, either man or woman, who openly abandons her body to many men, without choice, for

money. Prostitution is often available through bars, karaoke bars (also known as KTVs), massage

parlors, brothels (also known as casa), street walkers, and escort services. Prostitution is

commonly spoken of as the oldest profession in the world. Earliest human records, about

4000B.C, make reference to prostitution. Dr. Jose Florante J. Leyson traced the history of
prostitution in the Philippines in his book “Encyclopedia of Sexuality”. Spanish colonists in the

late 1500s established a flourishing slave trade between the Philippines, the Caribbean, and

Spain. Filipina slaves were sold as “exotic sex objects” to European brothels. During WWII, the

Japanese Imperial Army forced women to serve as “comfort girls”. In 1947, President Roxas

signed a military agreement. The largest military base, Clark Air Force base, located near

Angeles City resulted in the city becoming the “mecca of the sex trade/ Sin City”. Statistics

shows that in 2013, it was estimated that there were up to 500,000 prostitutes in

the Philippines, from a population of roughly 97.5 million and increasing. Others may not know

it but sex tourism is the third-highest money-making industry in the Philippines. We can’t deny

that the widespread prevalence of prostitution in the Philippines can be connected to poverty, as

cultural factors and the attitude of people toward money and the social acceptance of prostitution

play a major role.

Sex tourism is taboo subject for many people and that is why women engaged in this kind

of industry are judged by the society. Many people choose to criminalize and demonize

prostitution because their focus is held mainly on the negative facts that have surrounded it for

many generations. It is wise to keep an open mind while discussing this sensitive matter so as not

to make suggestions based only on human impulse but reasonable arguments. Legalizing

Prostitution entails regulations and restrictions (even though legalized). Legalizing Prostitution

aims to give protection and better care to make the women involved feel empowered instead of

being discriminated. Because of that, this paper will solely discuss the advantages of legalizing

prostitution in the Philippines. We will discuss first the opinions of the international community

on prostitution. Next, we will discuss the Economic Aspect which includes these following

arguments: legalizing prostitutions can help decrease the rate of unemployment, contributes a
high benefit to the country’s per capita economic income and government could benefit to it

through taxes. Social Aspects arguments are: empowering women by reforming how the society

think about them, decline of crime rates especially rape cases, and protects minors from sex

traffickers. Lastly, Health Aspects arguments are: lessen the cases of Sexually Transmitted

Disease (STD), lessens unwanted pregnancy issues because of the use of contraceptives, and

lessen the Post-traumatic stress disorder of the women. Many would be surprised at how

beneficial prostitution can be both socially and even economically in the society if only they

stopped to critically think and analyze both sides of the coin.

Before we proceed to the discussion of the arguments, we would like to have distinction

between the law and morality. According to the Christian Apologetics & Research Ministry

(CARM), morality is the distinction between right and wrong. It is the determination of what

should be done and what should not be done. The distinction could be made through the

argument that law can be addressed to external freedom while morality is to internal freedom.

This notion is supported by the explanation that law addresses the relations between individuals

in the society while on the other hand morality deals sorely on the struggle within every

individual between reason and desire. Our stand therefore is attributed to these differences

because on one hand some may term the act of prostitution as being immoral by virtue of their

beliefs while others on the other hand would see it as any other kind of occupation.

II. Discussion

International Opinion in Prostitution

The United Nations Organization has made calls for decriminalization and being rid of

“punitive” laws against prostitution worldwide. In 2010, the UN secretary general Ban Ki Moon
convened the Global Commission on HIV and the Law. This commission was set to repeal all

laws that prohibit adult consensual sex wok as well as setting a distinction between sexual

trafficking and prostitution. The commission made a report titled “HIV and the Law: Risks,

Rights & Health” which recommended sex work to be recognized as an occupation in order to be

regulated. They argued that criminalizing this act hindered the fight against HIV/AIDS. In his

support of this in 2009, Ban Ki-Moon stated that, successful AIDS responses did not punish

people but protected them. He called to ensure that AIDS responses were based on evidence, not

ideology, and reached those most in need and most affected. The UN-backed commission made

its conclusions based on interviews with prostitutes, activists and public health advocates in 140

countries across the world.

Many nations across the world have made prostitution legal and have formed various

statutory laws which are aimed at regulating it as any other occupation would be. In the USA a

few states have legalized prostitution (e.g. Nevada), which has laws on ownership of brothels in

over 8 counties in the state. The law says that licensed prostitutes must be at least 21 years of age

except in some counties where the minimum age is 18. The brothels and employees must register

with county sheriffs and receive regular medical check-ups. Licensed prostitutes must undertake

weekly tests for gonorrhoea and monthly tests for HIV and syphilis. Their law also states that it

is mandatory to use condoms for all oral sex and intercourse. Owners of brothels are held liable

if a client contracts HIV from a prostitute who has tested positive for the virus.

It is possible in view of the above references to pre-empt that if laws are put in place to

regulate prostitution in a country then there would be no need to base our judgments only on the

basis of personal feelings but on logic. It would therefore be more logical to legalize prostitution

and make provisions that would regulate it for everyone’s benefit. As a result people would feel
obliged to respect and treat prostitutes as they would others. Legal positivists could claim that

just because something is the law does not make it right, but they do not deny that there may be a

moral obligation to obey the law. Hence if these laws were implemented then there would be a

safer and more suitable environment for sex workers to conduct their business. Each and every

citizen has the right to have their dignity respected and protected- including commercial sex

workers.

Economic Aspect

 Legalizing Prostitutions can help decrease the rate of unemployment

Prostitution is considered as a sex work in which first and foremost refers to an income

generating activity. According to International Labour Organization, it estimates sex workers

support between five and eight other people with their earnings. Sex work is not going to

disappear anytime soon, anyone who cares about the health and safety of sex workers – not to

mention their rights – should support moves to make it a fully legal industry. It would be

economically beneficial to make it a legal profession because prostitution is not just about

exchange of sexual favors but also involves financial exchange. Furthermore, sex workers would

also be given an opportunity to conduct their business on their own without the control of an

abusive pimp, which reduces the possibility of violence and abuse. Legalizing prostitution does

not make our economic status being corrupt. In Las Vegas and Atlantic City, wherein

prostitutions are legal, economic status progresses because they provide a better opportunity to

land a job that is quite an in demand work. Legalizing prostitution will help regulate and

monitored the performance that will surely help a lot of people to provide stable jobs in a way

that they can support their families. Most importantly, it will increase the status of our economy

because prostitution is quite an in demand profession with the estimated number of working
prostitutes in today’s time is approximately 70, 000, thus the more the workers or employees

engaging in that certain job, the more likely the income will rapidly increase which is a good

sign that our country is progressing and it could save the country a lot of money (Clinard and

Meir, 2011).

 Contributes a high benefit to the country’s economic income (per capita)

Poor women became prostitutes because it provides a source of income at a point where they

had to it for the sake of their family and loved ones. By being a prostitute, they had been able to

support and finance their cost of living in a way that it seeks as an opportunity to help their

families not thinking of it as being a wrong action since it will be legalized. According to Ronald

Weitzer (2012), prostitution has been common since ancient times, during ancient Mesopotamia,

priests had sex with prostitutes. Ancient Greece featured legal brothels (houses of prostitution)

that serviced political leaders and common men alike. Prostitution was also common in ancient

Rome, and in the Old Testament it was “accepted as a more or less necessary fact of life and it

was more or less expected that many men would turn to prostitutes” (Bullough & Bullough,

1977, pp. 137–138). Prostitution generate enormous sums of money and that will increase the

income per capita of our nation since this industry is big. According to ONS Generalized, each

sex workers in Nevada, USA earns as much as $30000 per week, and if being converted in to

Philippine peso it was definitely around ₱1,590,000 earnings which is a very large amount for

salaries. Working in prostitution generates a significant amount of income in a short amount of

time usually outside of conventional working hours. The average monthly income for an

individual working in prostitution is higher than many forms of entry level employment- making

it a viable choice for job seekers across the country. Also, because of its unconventional hours, it

is a practical method for an individual engaged in other activities during traditional working
hours to supplement their income (to make a bit of cash on the side). Therefore, it is clear that

working in prostitution offers definite economic benefits that may not be able to achieve in any

other way, and through legalization of prostitution, there are more safety precautions and care for

women especially that they are the most likely contributor of increasing the economy standing

and one of the highest paying jobs.

 Legalization of Prostitution could benefit the Government through paying taxes

There are countries around the globe that prostitution is already a legal profession and indeed

considered another high paying job. Just like in other industry/ field, the legalization of

prostitution could lead to a chain effect in which it will significantly beneficial especially for the

country – primarily through tax revenue. If prostitution is legalized, the establishments who

offer this kind of service will be required to pay taxes. Like the situation in the country,

Germany, and other countries, prostitution is legal and taxed. They turn the 'crime' into an

economic plus. Prostitution is a multimillion-dollar-a-year business and nobody gets any taxes

off of it, by implementing this kind of policy to our country, we can get rid of poverty and at the

same time, the city and the county could probably make about $25 million a year. Legalization

will have laws protecting prostitutes from special risks are put in place, thus it will help lessen

the discrimination about sex work/labor. Prostitution is a victimless crime and it does not violate

women in doing everything they wanted. It is a win-win situation between two people involved

in that certain scenario, in a way that one can satisfy his/her desire while the other party will help

their family and loved ones by the money they will earn. It would be economically beneficial to

legalize prostitution and tax the now-legal income generated from it in a way it can save our

economic status
SOCIAL ASPECT

 Empowering women by reforming how the society think about them/Lessen

Discrimination to sex workers

In our country, it already became a social stigma that sex workers are characterized by

prurient, titillation, outrage and disgust. Many of them were also prohibited in accessing goods

and services, housing and accommodation, employment opportunities and justice. There are

cases like the accounts of sex workers in Airbnb were suspended, their Paypal accounts were

closed down and they were ban from advertising. But in these cases, public apologies from the

Salvation Army and Family Protection Society were made to sex workers for stigmatizing their

fundraising campaigns. Another case was in US, a woman who wrote about her prior work

experience as a sex worker was charged with a conduct of “unbecoming a teacher.” With these

different conditions that happened, it is evident that the social stigma puts a risk to every sex

workers. The social stigma socially isolates every women who are sex workers, thus, it reduces

their support from others and also serves as a barrier for their access to human rights and justice.

Therefore, we should reduce the social stigma and one of the steps is to legalize prostitution. By

legalizing prostitution, it will provide laws that will protect the human rights of every sex worker

and provides justice for their own good.

Another important factor required in determining whether prostitution is ideal in society is its

impact on the prostitutes themselves and their close relations. There can be many reasons why

someone would choose to be a sex worker. It could be in order to provide basic sustenance for

his/her family (children), which in fact is very noble and selfless. It could also be due to lack of

education to enable them find alternative employment or, in the most direct and basic sense, the
need for “quick cash”. In each of these cases, the sex worker has the reasons to be involved in

the trade and it is no one’s right to judge their decisions and demonize them for it as long as they

are not breaking any laws.

 Decline in Crime rates especially rape cases

Crime rates can be reduced and controlled because sex workers are protected by the law

and human rights, they will choose to report the crime when they are out of the shadows that

created by prohibition (Church, 2001; Lowman and Fraser, 1995; Plumridge and Gillian, 2001).

Legalizing prostitution would also provide an option to people who wanted to satisfy their sex

urges by hiring a prostitute rather than committing rape. Also according to the late Indian

novelist and journalist, Khushwant Singh, said that, “The more you try to put down prostitution,

the higher will be the incidence of crime against innocent women.” Moreover there were a lot of

studies performed and evidence gathered in validating that legalizing prostitution declines the

crime rates such as rape, sex violence and other sex crimes. One study comes from Rhode Island,

wherein number of women involved in prostitution and size of indoor sex market largely

increased during the years that prostitution has accidentally legalized. But during those years,

rape cases have reduced by 31%. Another case was from Germany and New Zealand, there was

also a decline in violence against sex workers and their quality of life also improved as

prostitution was legalized. Once prostitution was legalized, it will empower the sex workers in

approaching and seeking for help from the police whenever they are in danger (Whittaker and

Hart, 1996). With this, after legalization there will be a fewer cases of prostitutes to be violent

victims. Prostitutes are less likely to become a crime victim after the legalization of prostitution

(Long, 2012). This will happen because prostitutes will be protected by the law as they enter

freely in the market. Moreover, violent-crime prevention such as police will also intervene in
order to protect the prostitutes. And when crime occurs, legal prostitutes will have the right to

sue the perpetrators through judicial system (Cussen and Block, 2000) Thus, legalizing

prostitution would lessens the crime rates in the country by providing rightful laws in protecting

the rights of sex workers.

 Protect minors from human trafficking

The legalization of prostitution entails that under the law, people can legally buy sex only

from women 18 years or older, who are already in an adult age. With this, it will definitely

reduce the incidents of child exploitation. For the reason that people in the commercial sex

market would not want to be prosecuted and pay fines thus they will only legally employ willing

adults. Based on recent reports and studies specifically in Germany, cases of human trafficking

decreased by 10% from 2001 to 2011 and only a few numbers of children are involved in sex

trades because young ones are not forced to do sex work in the country. We can protect minor

from human trafficking and abolish child sex slavery by legalizing prostitution and implementing

more strict laws regarding it.

HEALTH ASPECT

 Lessens the issues about STD (Sexually Transmitted Disease)

It allows the government to monitor and regulate sex trade. An analysis of data from 27

European countries found that in legalizing it, there is lower HIV prevalence compared to those

considered is as criminalized. According to the study presented at the International AIDS

Conference in Australia, if prostitution were decriminalized, the transmission of HIV on

prostitutes would be reduced. That is because of the access to healthcare and other social

services. Also, once legalized, they can legally use condoms and examined regularly for HIV and

other related diseases to protect them and avoid causing widespread health problems. An
example is in Nevada, where sex workers are required to get monthly blood test for HIV, syphilis

and weekly for gonorrhea and Chlamydia trachomatis. Moreover, based on the recent WHO

report, violence is a result of inconsistent use of condom and increased in the risk of HIV

infection.

 Lessens unwanted pregnancy issues because of the use of contraceptives

High contraceptives usage will lead to a lower abortion rates as unwanted pregnancies can be

prevented (Lamina 2015). Based on the news from the world report of U.S News, a nation that

legalized prostitution-Netherlands carried a lowest rate of abortion and the least teenage

pregnancy as well. Since men are allowed to use contraceptives, they would have safe sex and

would not cause a woman to be pregnant. Also, since there is less crime because of the

satisfaction in sexual desires of the men, there would be decrease in rape and sexual harassment

which are the causes of an unexpected pregnancy. If legalized, then less men would not forced to

commit crimes and violence driven by sexual desires.

 Can lessen the Post-traumatic stress disorder of the women

They will have stronger mentality and less experience of depression through the benefits of

the law like the health care that the government provides. Based from the study on Dutch Expert

Centre on Sexuality (2005), the prostitution in Netherlands is not traumatizing. Hsieh (2003)

argues that prostitution cannot be blamed for the negative outcome since it might be beneficial

for some women in some circumstances than alternative professions. In the comparative study

“The Mental and Physical health of Female Sex Workers”, there is no need to contradict the idea

since sex work and psychiatric morbidity are inevitably associated. Further, they will experience

counselling and with that they will not be paranoid and improve their mental health. Since, they
will be licensed; they will have a lot of benefits through many programs which ensures their

safety.

III. Conclusion

As is clearly adduced by evidence and facts provided in the above statements, we stand tall to

our position to legalize prostitution in the Philippines. Indeed the deductions make are sufficient

to convince one that prostitution has been with us since time immemorial and it is not about to

leave so we just need to learn how to survive with it without necessarily having to cause any

harm or distress to our fellow man. People may want to argue out the whole issue of prostitution

on the basis of natural law theories, but one needs to be come out blatantly and say that

prohibition of prostitution would just not work. This is because banning it would not stop people

from wanting sex and as is evident in many societies; most people are willing to pay for it.

These factors point to the fact that prostitution will always happen whether it is made illegal or

otherwise. Because we can’t stop it, why not help those in that industry to be protected and

respected? The three aspects mentioned above (Economic, Social and Health) and their related

arguments are just few of the benefits of legalizing prostitution. Legalizing prostitution will bring

high economic advantage while reducing the stigmatized condition of those involved in this

entry and at the same time providing them with necessary health services. Legalizing prostitution

does not limit prostitutes to become prostitutes forever, instead it will give them a chance to

change track easily (i.e. deciding to quit to study). If the society accepts prostitution as a legal

job, prostitutes who would want to change their lives can feel the support and help of the society.

Applying to other job, might not be a problem since prostitution is legal. Legislation must be

made sooner rather than later in support of prostitution to enable sex workers enjoy their

freedoms and rights like all other citizens.

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