CHAPTER 2

Offenses Against Decency and

Good Customs
(Article 202)
Prepared by: Stephane S. Selirio
(3 A-1)
Prof. Warlito E. Labis
What are the offenses against decency and good
customs?

Vagrants
-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
Prostitutes
Any person found guilty any of the
offenses covered by this article
shall be punished by arresto
menor or fine not exceeding 200
pesos and in case of recidivism. By
arresto mayor in its medium
period to prison correctional in its
minimum period or fine from 200
to 2000 pesos or both, in
discretion of the court.
Article 202 not applicable to minors

Persons below eighteen (18) years of age

shall be exempt from prosecution for
the crimes of vagrancy and prostitution
under Sec.202 of the Revised Penal
Code, of mendicancy under PD No.
1563 and sniffing of rugby under PD
1619. Such persecution being
inconsistent with United Nations
Convention on the rights of the child.
 Illustration

Question: Let us say that there is this wealthy man and on his day off he
doesn’t want to rest.So he was roaming the streets and haw brothels and
saloons or house of ill-fames and he is always here. Is he liable for vagrancy?
 Illustration

Answer:
NO. because vagrancy as been decriminalized by RA No. 10158 which was
approved on March 27, 2012. We have no longer have the crime of
vagrancy. No person can longer be prosecuted for being a vagrant.
Republic Act 10158

The enactment of RA 10158 or an act

decriminalizing vagrancy only
repealed Article 202 provisions in the
RPC that pertains to vagrancy, leaving
behind the provision that penalizes
prostituted women, notwithstanding
their exploitation in the prostitution.
-Apparent means of
subsistence and visible means
of support construed.
-Loitering around saloons and
gambling houses is vagrancy
only when there is evidence of
absence of visible support
-Mendicancy and abetting
mendicancy are punished.
Vagrants under paragraph 3 of Article 202

1. An idle or dissolute person who lodges in houses of

ill-fame
2. Ruffian or pimp: or
3. One who habitually associates with prostitutes

Note:

Ruffians-are brutal, violent and lawless persons

Dissolute-means lax, unrestrained and immoral

Pimp- means who provides gratification for lust of others

Let’s watch a short video about history of vagrants
and prostitutes……

https://youtu.be/qim8Uy565oE
 Republic Act No.9208
The Anti-Trafficking in Persons Act of 2003

Trafficking in Persons- refers to the

recruitment, transportation,transfer or harboring,
or receipt of person with or without victims
consent or knowledge within or across the
national borders by means of threats or coercion,
abduction, fraud,deception and abuse of power or
position, taking advantage of the vulnerability of
the person.
 Acts of Trafficking in Person

(a) To recruit, transport,transfer,

harbor, provide,or receive a
person by means, including
those done under the pretext of
domestic or overseas
employment or training or
apprenticeship,for the purpose
of prostitution,
pornography,sexual exploitation
Let’s watch a short video about Human Trafficking
https://youtu.be/iqJ-zuVay08
Acts that Promote Trafficking in Persons

(a) To knowingly lease or

sublease, use or allow to be
used any house,building or
establishment for the purpose
of promoting trafficking in
persons:
Qualified Trafficking in Persons

(a) When a trafficked person is a child

(b) When adoption is effected through RA No.8040
otherwise known as Inter- Country Adoption is
for the purpose of prostitution, pornography,
sexual exploitation, forced
labor,slavery,involuntary servitude or debt
bondage.
Penalties and Sanctions.

1. Any person found guilty of any of the acts

enumerated in section 4 shall suffer the penalty
of imprisonment of twenty (20) years and a fine
of not less than one (1) million pesos
(P1,000,000,000) but not more than ( P
2,000.000,000) pesos.
2. Any person found guilty of committing any of
the acts enumerated in Section 5 shall suffer
the imprisonment of fifteen (15) years and a
fine of not less than five hundred thousand (P
500,000) but not more than (P 1,000,000,000)
million pesos
Use of Trafficked Persons

Any person who buy or engages the services of trafficked persons for prostitution
shall be penalized as follows:

(a) First Offense- six (6) months of community service as may be determined by
the court and a fine of Fifty thousand pesos (P50,000) ;
(b) Second and subsequent offenses-imprisonment of one (1)one year and a fine
of one hundred thousand pesos(P100,000) (sec.11)
Prescriptive Period

Trafficking cases under this act shall prescribe in ten (10) years. Provided,
however.That trafficking cases committed by a syndicate or in a large scale as
defined under Section 6 shall prescribe in (20) years. Provide, however that
trafficking cases committed by a syndicate or in a large scale as defined under
Section 6 shall prescribe in twenty (20) years.
 Prepared by : Group 1
Prof: Atty. Warlito E. Labis

Leader:
Selirio, Stephane S.
Members:
Charlotte Jaramelle Mendoza Sophia Kyla Vibar
Rhea Lynne Dagatan Cyrene Macaraig
Ma.Erhogelyn Clemente Joyce Tagal
Jamaica Fontecha Miles Neriza Bolanio
Jannienee Alexa Paragas Monchito Penohermoso