Escudero reiterates call for decriminalization of vagrancy

Senator Francis Escudero on Friday reiterated his call to strike out vagrancy from the country’s code of crimes because, according to him, it only targets the poor and the disadvantaged. Escudero said he proposed the decriminalization of vagrancy under Senate Bill No. 2367 because homelessness and lack of opportunities to earn a living is a "minor infraction" and should not be "lumped" with criminal acts. The anti-vagrancy law is often used to take advantage of people who cannot really stand up for themselves, he said in a statement on Friday. He specifically cited the case involving a 30-year-old vendor who claimed she was raped by PO3 Antonio Bautista Jr. inside the headquarters of the Manila Police District after she was arrested for supposedly being a vagrant. “This is a clear case of using the anti-vagrancy law as an opportunity for erring authorities to mulct money from and take advantage of people. Strike this provision out and we will be rid of ugly incidence such as this one brought by that abusive policeman," he said. Under Article 202 of the Revised Penal Code, vagrants are defined 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; - any person found loitering about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of support; - any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes; - 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 Under the same code, vagrants and prostitutes are punished by arresto menor (imprisonment from one to 30 days) or a fine not exceeding P200. In case of recidivism, they are punished by arresto mayor in its medium period (imprisonment from two months to four months) to prision correccional in its minimum period (imprisonment from six years to two years and four months) or a fine ranging from P200 to P2,000, or both, depending on the court. If SB 2367 is passed into law, all pending vagrancy cases shall be dismissed and all persons serving sentence for violating the vagrancy law shall immediately be released. Escudero said authorities should be focusing on graver offenses that pose threats to peace and security of individuals, instead of busying themselves with petty offenses such as vagrancy. “Our society and our law should be restorative and rehabilitative rather than punitive to those who simply were not given fair and equal opportunities in life" he said. He likewise challenged the Philippine National Police to order for the arrest of Bautista. "This is an opportunity for them to prove that they can and will arrest even one of their own," he said. Escudero had filed a similar bill during the 14th Congress. The measure was approved by the Senate on third and final reading but was not passed into law. — GMANews.TV