Article 202

Vagrants and Prostitutes

Who are vagrants?

1. 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;
2. Any person found loitering about public or semipublic buildings or places or trampling or
wandering about the country or the streets without
visible means of support;
Essential element:
Absence of visible means of support

3. Any idle or dissolute person who ledges

in houses of ill fame;
4. Ruffians
(brutal, violent, lawless
persons) or pimps (one who provides
gratification for the lust of others) and
those who habitually associate with
prostitutes;

5. Any person who, not being included in the

provisions of other articles of this Code, shall be
found loitering in any inhabited or uninhabited
place belonging to another without any lawful or
justifiable purpose;
6. Prostitutes, who are women who, for money or
profit, habitually indulge in sexual intercourse
or lascivious conduct.

Presidential Decree 1563

Mendicancy Law of 1978

Definition of terms
Mendicant
any person, except those enumerated in Section 4 of this
Decree, who has no visible and legal means of support,
or lawful employment and who is physically able to
work but neglects to apply himself to some lawful
calling and instead uses begging as a means of
living.

Exploited Infant or Child

an infant or child 8 years and below who is used in
begging or one who accompanies a habitual vagrant or
beggar.

 Habitual Mendicant
one who has been convicted of mendicancy under this
Decree two or more times.

Duly Licensed Child Placement Agency or

Individual
an institution or person licensed by the Department of
Social Services and Development to assume the care,
custody, protection and maintenance of children for
placement in any child-caring institution or home under
the care and custody of any person for purposes of
adoption, guardianship or foster care.

Those enumerated in Section 4, who are not

considered mendicants, are the following:
Any infant or child 8 years old and below who is found
begging or is being utilized by a mendicant for purposes of
begging.
Any minor over 9 years of age under 15 found begging or is
being utilized for purposes of begging, and who acted with
or without discernment.
Any person who is found begging and who is physically or
mentally incapable of gainful occupation.

Who are punishable?

1. A mendicant shall, upon conviction
-by a fine not exceeding P500.00; or
-by imprisonment for a period not exceeding 2 years; or
-both at the discretion of the court.

2. A habitual mendicant (one who has been

convicted of mendicancy under this law 2 or more
times)
-fine not exceeding P1,000.00; or
-by imprisonment for a period not exceeding 4 years; or
-both at the discretion of the court.

 3. Parents of exploited infants or minors

(those enumerated under section 4)
-punishable under P.D. 603, unless they are themselves
mendicants.

Any person who abets mendicancy by giving

alms directly to mendicants, exploited infants and
minors on public roads, sidewalks, parks and
bridges
-shall be punished by a fine not exceeding P20.00.

Republic Act No. 10158

An Act Decriminalizing Vagrancy, Amending
for this Purpose Article 202 of Act no. 3815,
as amended, otherwise known as The
Revised Penal Code

Section 1. Article 202 of the RPC is hereby,

amended to read as follows:
Article 202. Prostitutes
For the purposes of this article, women
who,
1. for money or profit,
2.) habitually indulged in
a.) sexual intercourse or
b.) lascivious conduct, are deemed to
be prostitutes

Penalty:
Any person found guilty of any of the offenses
covered by this article shall be punished
-by arresto menor; or
-a fine not exceeding 200 pesos; and
in case of recidivism,
-by arresto mayor in its medium periodprision correctional in its minimum period; or
-fine ranging from 200-2,000 pesos or both, in
the discretion of the court.

Section 2. Effect on Pending Cases.

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.

Sec. 3. Immediate Release of

Convicted Persons.
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.