CLARK FREEPORT, Pampanga, Philippines – Amid the prospects of tribal folk from the provinces flocking to Metro Manila to beg this Christmas season, Social Welfare and Development Secretary Dinky Soliman said here last week she is in favor of amending the anti-mendicancy law passed way back in 1978.
“Being poor is not a crime,” she said in an interview during the first national conference of stakeholders of the Sama-Bajau tribal folk from Mindanao held here.
Saying there are now moves from other sectors to amend the law criminalizing begging, Soliman said, “If there is a need to seek help through begging, this should not be looked at as a crime.”
But she said the government is exerting all efforts to give other livelihood opportunities to tribal folk headed to urban centers to beg.
The anti-mendicancy law provides a penalty of either P500 or a jail term not exceeding two years or both at the discretion of the court.
On the other hand, it prescribes bigger penalties for “habitual mendicants” with a fine not exceeding P1,000 or a jail term not exceeding four years or both.
The law defines a mendicant as one “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.”
It also refers to an exploited infant or child as those below eight years old who is used in begging or one who accompanies a habitual vagrant or beggar.
Soliman, however, said impoverished tribal folk, including Badjaos displaced by poverty and conflicts in Mindanao, should not be considered mendicants as defined by the law.
She said Badjaos are “peace-loving people” who are compelled by various natural and man-made circumstances to flee from their seaside communities and are forced to beg once in the cities in order to survive.
“The anti-mendicancy law can be used against them but we do not do this,” she said.
Badjao leader Roger Usman, who was among the resource persons during the forum, related to participants why he and his family fled their home in Zamboanga.
“We left because we were always in danger. Pirates would take all we had, including the motors of our boats which provided us livelihood. We did not intend to beg, but initially, we had no other recourse as soon as we arrived in the city,” he said.