OPINION NO. 209, 1950

Date:    November 17, 1950

Source:    Department of Justice

Subject:    Second Endorsement to the Honorable, The Acting Secretary of Foreign Affairs, Manila, on the Draft Convention of 1937 on the Suppression of the Exploitation of the Prostitution of Others

Respectfully returned to the Honorable, The Acting Secretary of Foreign Affairs, Manila.

This Department reiterates the view expressed in its 2^nd endorsement dated October 25, 1947 (Op., Sec. of Jus. No. 261, Series of 1947) addressed to that Department on the Draft Convention of 1937 on the Suppression of the Exploitation of the Prostitution of Others. Fundamentally, the within convention is more lenient than the Draft convention of 1937 because it does not propose to penalize the prostitute herself, but only those who shall exploit the prostitution of other persons. While this feature of the convention has been objected to by this Department in the aforementioned endorsement wherein it was also suggested that provision be made to punish the customers together with the prostitutes themselves, it is noted that the Final Protocol of the same prophecies than another in the present convention shall be deemed to prejudice any legislation which ensures "stricter conditions that those provided by the present convention."

Adherence of the Philippine Government to the within convention for the Suppression of the Traffic in persons and of the Exploitation of the Prostitution of other would not contravene any existing statuary of constitutional provision in this jurisdiction.