CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS What are the crimes against public morals? 1. Gambli Gambling ng.. (Art (Art.. 195) 195) 2. Importat Importation, ion, sale and and possession possession of lottery lottery ticket tickets s or advertisements. (Art. 196) 3. Betting Betting in sports sports contes contests. ts. (Art. (Art. 197) 197) 4. Illegal Illegal betting betting on on horse horse races. races. (Art. (Art. 198) 5. Illegal Illegal cockfig cockfightin hting. g. (Art. (Art. 199) 199) 6. Grave Grave Scand Scandal. al. (Art. (Art. 200) 200) 7. Immo Immora rall doct doctri rine nes, s, exhibitions. (Art. 201
obsc obscen ene e
publ public icat atio ions ns
and and
8. Vagranc Vagrancy y and prostit prostitutio ution. n. (Art. (Art. 202) 202)
CHAPTER ONE – GAMBLING AND BETTING NOTE: The provisions of Articles 195-199 of the RPC, as amend amended, ed, as well well as those those of PD 483 (betti (betting, ng, game-fixi game-fixing ng or point-sha point-shaving ving and machinati machinations ons in sport contests) and 449 (Cockfighting (Cockfighting Law), which which are inconsistent with PD 1602, are repealed. (SEE PD 1602)
PRESIDENTIAL DECREE NO. 1602 PRES PRESCR CRIB IBIN ING G GAMBLING
STIF STIFFE FER R
PENA PENALT LTIE IES S
IN
ILLE ILLEGA GAL L
Section 1. 1. Penalties. The following penalties are hereby imposed:
(a) The penalty of prison correccional in its medium period of a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its medium period or a fine ranging from five thousand to ten thousand pesos shall be imposed upon: 1. Any person other than those referred to in the succeeding sub-sections who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of cockfighting, jueteng, jai alai or horse racing to include bookie bookie operation operations s and game fixing, fixing, numbers numbers,, bingo bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11 and any game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pangguingue and other card games; paik que, high and low, mahjong, domino and other games using plastic tiles and the likes; slot slot machin machines, es, roulet roulette te,, pinbal pinballl and and other other mech mechani anical cal contraptions and devices; dog racing, boat racing, car racing and other forms of races, races, basketba basketball, ll, boxing, boxing, volleybal volleyball, l, bowling, bowling, pingpong pingpong and other other forms forms of individu individual al or team contests contests to include include game fixing, fixing, point point shaving shaving and other machinat machinations ions;; banking banking or percent percentage age game, game, or any other other game game scheme scheme,, wheth whether er upon upon chanc chance e or skill, skill, wher wherein ein wage wagers rs con consist sistin ing g of mone money, y, arti articl cles es of valu value e or representative of value are at stake or made; 2. Any Any perso person n who who shall shall knowin knowingl gly y permi permitt any form of gambling referred to in the preceding subparagraph to be carrie carried d on in inhab inhabite ited d or uninh uninhab abite ited d place place or in any building, vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has a reputat reputation ion of a gambling gambling place or that prohibite prohibited d gambling is frequently carried on therein, or the place is a publ public ic or gove govern rnme ment nt buil buildi ding ng or bara barang ngay ay hall hall,, the the malfacto malfactorr shall shall be punishe punished d by prision prision correcci correccional onal in its maximum period and a fine of six thousand pesos.
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS (b) The penalty of prision correccional in its maximum period or a fine of six thousand pesos shall be imposed upon the maintainer or conductor of the above gambling schemes. (c) The penalty of prision mayor in its medium period with temporary absolute disqualification or a fine of six thousand pesos shall be imposed if the maintainer, conductor or banker of said gambling schemes is a government official, or where such government official is the player, promoter, referee, umpire, judge or coach in case of game fixing, point shaving and machination. (d) The penalty of prision correccional in its medium period or a fine ranging from four hundred to two thousand pesos shall be imposed upon any person who shall, knowingly and without lawful purpose in any hour of any day, possess any lottery list, paper or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers which have taken place or about to take place.
Section 3. Repealing Clause. Provisions of Art. 195-199 of the Revised Penal Code, as amended, Republic Act No. 3063, Presidential Decrees Numbered 483, 449, 510 and 1306, letters of instructions, laws, executive orders, rules and regulations, city and municipal ordinances which are inconsistent with this Decree are hereby repealed. Section 4. Effectivity. This Decree shall take effect immediately upon publication at least once in a newspaper of general circulation. Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.
Gambling – any game or scheme, whether upon chance or skill wherein wagers consisting of 1. money, 2. articles or 3. value or
(e) The penalty of temporary absolute disqualifications shall be imposed upon any barangay official who, with knowledge of the existence of a gambling house or place in his jurisdiction fails to abate the same or take action in connection therewith.
4. representative of value are at stake or made. •
•
(f) The penalty of prision correccional in its maximum period or a fine ranging from five hundred pesos to two thousand pesos shall be imposed upon any security officer, security guard, watchman, private or house detective of hotels, villages, buildings, enclosures and the like which have the reputation of a gambling place or where gambling activities are being held.
PD 1602, dated June 11, 1978, provides stiffer penalties for violations of the gambling laws. RA 9287 increased the penalties for illegal number games, amending certain provisions of PD 1602
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS Penalties under RA 9287 Sec. 3. Punishable Acts. - Any person who participates in any illegal numbers game shall suffer the following penalties: a) The penalty of imprisonment from thirty (30) days to ninety (90) days, if such person acts as a bettor; b) The penalty of imprisonment from six (6) years and one (1) day to eight (8) years, if such person acts as a personnel or staff of an illegal numbers game operation; The same penalty shall likewise be imposed to any person who allows his vehicle, house, building or land to be used in the operation of the illegal numbers games. c) The penalty of imprisonment from eight (8) years and one (1) day to ten (10) years, if such person acts as a collector or agent; d) The penalty of imprisonment from ten (10) years and one (1) day to twelve (12) years, if such person acts as a coordinator, controller or supervisor; e) The penalty of imprisonment from twelve (12) years and one (1) day to ten (10) fourteen (14) years, if such person acts as a maintainer, manager or operator; and
Liability of Government under RA 9287
Officials and
Employees
Sec. 5. Liability of Government Employees and/or Public Officials. - a) If the collector, agent, coordinator, controller, supervisor, maintainer, manager, operator, financier or capitalist of any illegal numbers game is a government employee and/or public official, whether elected or appointed shall suffer the penalty of twelve (12) years and one (1) day to twenty (20) years and a fine ranging from Three million pesos (P3,000,000.00) to Five million pesos (P5,000,000.00) and perpetual absolute disqualification from public office. Why gambling is prohibited and punished
To repress an evil that undermines the social, moral and economic growth of the nation. (P. vs. Punto)
Gambling is an act beyond the pale of good morals which, for the welfare of the people, should be exterminated. It has the effect of causing poverty, dishonesty, fraud and deceit. Many man neglected his business and mortgaged his integrity to follow the fickle Goddess of the cards. May woman has wasted her hours and squandered her substance at the gambling board while some children were forgotten. (US vs. Salaveria)
f) The penalty of imprisonment from fourteen (14) years and one (1) day to sixteen (16) years, if such person acts as a financier or capitalist; g) The penalty of imprisonment from sixteen (16) years and one (1) day to twenty (20) years, if such person acts as protector or coddler.
Any other game or scheme, “whether upon chance or skill”
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS
The aforequoted portion of Section 1(a) of PD 1602, makes a game or scheme punishable if the winning depends upon skill, when “wagers consisting money, articles or value or representative of value are at stake or made.”
Spectators are not liable in gambling
A mere bystander or spectator in a gambling game is not criminally liable, because he does not take part therein, directly or indirectly. The law does not make the mere presence in a gambling house an offense. US vs. Palma, et. al.)
Lottery – it is a scheme for the distribution of prizes by chance among persons who have paid, or agreed to pay, a valuable consideration for the chance to obtain a prize. (US vs. Filart)
•
Knowledge permitting gambling to be carried on in a place owned or controlled by the offender. Elements:
1. That a gambling game was carried on in an inhabited or uninhabited place or in any building, vessel or other means of transportation.
2. That the place, building, vessel or other means of transportation is owned offender.
game, knowing that it Is a gambling game.
2. Chance;
3. Prize, or some advantage or inequality in amount or value which is in the nature of a prize. (US vs. Filiart)
Lottery embraces all schemes for distribution of prizes by chance. (US vs. Baguio)
If the scheme is such that human reason, foresight, sagacity, or design cannot enable one to know or determine the result under the same has been accomplished, then it is lottery.
•
Guessing competition constitutes lottery.
•
No lottery where there is full value of money.
and controlled by the
3. That the offender permitted the carrying of such
Elements of Lottery: 1. Consideration;
PD 519, which took effect on July 23, 1974, has outlawed pinball and slot machines and other similar devices and nullified all permits and/or licences to operate the same.
•
•
Maintainer (person who sets up and furnishes the means with which to carry on the gambling game or scheme) and conductor (person who manages or carries on the gambling game or scheme) of a gambling game or scheme are likewise punished. Proof that game took place or is about to take place is not necessary. But proof to the contrary is necessary when the jueteng lists pertain to games played on other dates.
Gaming laws repealed
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS
The provisions of Art. 195-199 of the Revised Penal Code, as amended, RA No. 3063, PD 483, 449, 510, 1306, letters of instructions, laws, executive orders, rules and regulations, city and municipal ordinances which are inconsistent with PD 1602 are repealed. Art. 195. What acts are punishable in gambling. — (a) The penalty of arresto mayor or a fine not exceeding two hundred pesos, and, in case of recidivism, the penalty of arresto mayor or a fine ranging from two hundred or six thousand pesos, shall be imposed upon: 1. Any person other than those referred to in subsections (b) and (c) who, in any manner shall directly, or indirectly take part in any game of monte, jueteng or any other form of lottery, policy, banking, or percentage game, dog races, or any other game of scheme the result of which depends wholly or chiefly upon chance o r hazard; o r wherein wagers consisting of money, articles of value or representative of value are made; or in the exploitation or use of any other mechanical invention or contrivance to determine by chance the loser or winner of money or any object or representative of value. 2. Any person who shall knowingly permit any form of gambling referred to in the preceding subdivision to be carried on in any unhabited or uninhabited place of any building, vessel or other means of transportation owned or controlled by him. If the place where gambling
is carried on has the reputation of a gambling place or that prohibited gambling is frequently carried on therein, the culprit shall be punished by the penalty provided for in this article in its maximum period. (b) The penalty of prision correccional in its maximum degree shall be imposed upon the maintainer, conductor, or banker in a game of jueteng or any similar game. (c) The penalty of prision correccional in its
medium degree shall be imposed upon any person who shall, knowingly and without lawful purpose, have in his possession and lottery list, paper or other matter containing letters, figures, signs or symbols which pertain to or are in any manner used in the game of jueteng or any similar game which has taken place or about to take place. Art. 196. Importation, sale and possession of lottery tickets or advertisements. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court, shall be imposed upon any person who shall import into the Philippine Islands from any foreign place or port any lottery ticket or advertisement or, in connivance with the importer, shall sell or distribute the same. Any person who shall knowingly and with intent to use them, have in his possession lottery tickets or advertisements, or shall sell or distribute the same without connivance with the importer of the same, shall be punished by
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS arresto menor, or a fine not exceeding 200 pesos, or both, in the discretion of the court. The possession of any lottery ticket or advertisement shall be prima facie evidence of an intent to sell, distribute or use the same in the Philippine Islands.
they cannot give rise to the evil sought to be eradicated. Art. 197 Betting in sports contests. – (Repealed)
or
BETTING, GAME-FIXING OR POINT SHAVING AND MACHINATIONS IN SPORT CONTESTS (SEE PD 483)
1. By importing into the Philippines from any foreign place or port any lottery ticket or advertisement.
Section 1. Definitions. For purposes of this Decree, the following terms shall mean and be understood to be as hereunder indicated:
Acts punished advertisements.
relative
to
lottery
tickets
2. By selling or distributing the name in connivance with the importer. 3. By possessing knowingly and with intent to use, lottery tickets or advertisements. 4. By selling or distributing connivance with the importer.
the
same
without
Presumption of intent to sell, distribute, or use lottery ticket or advertisement.
The possession of any lottery ticket or advertisement is prima facie evidence of an intent to sell, distribute or use the same. (Art. 196, last par.) But if the defendant can establish that he did not know of the existence of the lottery ticket within his premises, the presumption is destroyed and the defendant must be acquitted. (US vs. Jose) It is not necessary that the lottery tickets be genuine, as it is enough that they be given the appearance of lottery tickets. If the lottery tickets are counterfeit,
a. Betting money or any object or article of value or representative of value upon the result of any game, races and other sports contest. b. Game-fixing any arrangement, combination, scheme or agreement by which the result of any game, races or sports contests shall be predicted and/or known other than on the basis of the honest playing skill or ability of the players or participants. c. Point-shaving any such arrangement, combination, scheme or agreement by which the skill or ability of any player or participant in a game, races or sports contests to make points or scores shall be limited deliberately in order to influence the result thereof in favor of one or other team, player or participant therein. d. Game-machinations any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of influencing the result of any game, races or sport contest.
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS Section 2. Betting, game-fixing, point-shaving or game machination unlawful. Game-fixing, point-shaving, machination, as defined in the preceding section, in connection with the games of basketball, volleyball, softball, baseball; chess, boxing bouts, "jai-alai", "sipa", "pelota" and all other sports contests, games or races; as well as betting therein except as may be authorized by law, is hereby declared unlawful. Section 3. Penalty. Any violation of this Decree, or of the rules and regulations promulgated in accordance herewith, shall be punished in the manner following: a. When the offender is an official, such as promoter, referee, umpire, judge, or coach in the game, race or sports contests, or the manager or sponsor of any participating team, individual or player therein, or participants or players in such games, races or other sports contests, he shall, upon conviction, be punished by prision correccional in its maximum period and a fine of 2,000 pesos with subsidiary imprisonment in case of insolvency, at the discretion of the court. This penalty shall also be imposed when the offenders compose a syndicate of five or more persons. b. In case of any offender, he shall, upon conviction, be punished by prision correccional in its medium period and a fine of 1,000 pesos with subsidiary imprisonment in case of insolvency at the discretion of the court. c. When the offender is an official or employee of any government office or agency concerned with the enforcement or administration of laws and regulations on sports the penalty provided for in the preceding Section 3 a small be imposed. In addition, he shall be disqualified from holding any public office or employment for life. If he is an alien, he may be deported.
Section 4. Clearance for arrest, detention or prosecution. No person who voluntarily discloses or denounces to the President of the Philippine Amateur Athletic Federation or to the National Sports Associations concerned and/or to any law enforcement/police authority any of the acts penalized by this Decree shall be arrested, detained and/or prosecuted except upon prior written clearance from the President of the Philippines and/or of the Secretary of National Defense. Section 5. Repealing Clause. Article 197 of Act No. 3815, otherwise known as the Revised Penal Code, as amended, all provisions of decrees, general orders, letters of instructions, laws, executive orders and rules and regulations which are inconsistent with this Decree are hereby repealed. Section 6. Effectivity. This Decree shall take effect immediately upon publication thereof by the Secretary of the Department of Public Information at least once in a newspaper of general circulation. Done in the City of Manila, this 13th day of June, in the year of Our Lord, nineteen hundred and seventy-four. Art. 198. Illegal betting on horse race. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who except during the period allowed by law, shall be on horse races. The penalty of arresto mayor or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, under the same circumstances, shall maintain or employ a totalizer or other device or scheme for betting on horse races or realizing any profit therefrom.
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS For the purposes of this article, any race held in the same day at the same place shall be held punishable as a separate offense, and if the same be committed by any partnership, corporation or association, the president and the directors or managers thereof shall be deemed to be principals in the offense if they have consented to or knowingly tolerated its commission. Acts punishable in illegal betting on horse races: 1. By betting on horse races during the periods not allowed by law. Racing Days:
Private individuals and entities duly licensed by the Commission on Races (now Games and Amusement Board) may hold horse races on Sundays nor reserved under this Acts, on 24 Saturdays as may be determined by the said Commission, and on legal holidays, except on the following: a. July 4th of each year (RA 137)
Dec. 30th of each year (RA 229) c. Any registration or voting days (RA 180, Revised Election Code); and d. Holy Thursday and Good Friday (RA 946)
•
No liability if there is no betting or use of totalizer.
Art. 199. Illegal cockfighting. — The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the discretion of the court, shall be imposed upon: 1. Any person who directly or participates in cockfights, by betting other valuable things, or who cockfights at which bets are made, other than those permitted by law.
indirectly money or organizes on a day
2. Any person who directly or indirectly participates in cockfights, at a place other than a licensed cockpit. COCKFIGHTING LAW OF 1974 ( SEE PD 449) Section 4. Definition of Terms. As used in this law, the following terms shall be understood, applied and construed as follows:
b.
The race held on the same day and at the same place is punishable as a separate offense. The race held on the same day and at the same
place, is punished as a separate offense. (Art. 198, par. 2) It would seem that the penalties respectively provided in the 1 st paragraph shall be imposed.
(a) Cockfighting shall embrace and mean the commonly known game or term "cockfighting derby, pintakasi or tupada", or its equivalent terms in different Philippine localities. (b) Zoning Law or Ordinance Either both national or local city or municipal legislation which logically arranges, prescribes, defines and apportions a given political subdivision into specific land uses as present and future projection of needs warrant.
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS (c) Bet Taker of Promoter A person who calls and takes care of bets from owners of both gamecocks and those of other bettors before he orders commencement of the cockfight and thereafter distributes won bets to the winners after deducting a certain commission. (d) Gaffer (Taga Tari) A person knowledgeable in the art of arming fighting cocks with gaff or gaffs on either or both legs. (e) Referee (Sentenciador) A person who watches and oversees the proper gaffing of fighting cocks, determines the physical condition of fighting cocks while cockfighting is in progress, the injuries sustained by the cocks and their capability to continue fighting and decides and make known his decision by work or gestures and result of the cockfight by announcing the winner or declaring a tie or no contest game. (f) Bettor A person who participates in cockfights and with the use of money or other things of value, bets with other bettors or through the bet taker or promoter and wins or loses his bet depending upon the result of the cockfight as announced by the Referee or Sentenciador. He may be the owner of fighting cock. Section 5. Cockpits and Cockfighting: In General: (a) Ownership, Operation and Management of Cockpits. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own, manage and operate cockpits. Cooperative capitalization is encouraged. (b) Establishment of Cockpits. Only one cockpit shall be allowed in each city or municipality, except that in cities or municipalities with a population of over one hundred
thousand, two cockpits may be established, maintained and operated. (c) Cockpits Site and Construction. Cockpits shall be constructed and operated within the appropriate areas as prescribed in Zoning Law or Ordinance. In the absence of such law or ordinance, the local executives shall see to it that no cockpits are constructed within or near existing residential or commercial areas, hospitals, school buildings, churches or other public buildings. Owners, lessees, or operators of cockpits which are now in existence and do not conform to this requirement are given three years from the date of effectivity of this Decree to comply herewith. Approval or issuance of building permits for the construction of cockpits shall be made by the city or provincial engineer in accordance with their respective building codes, ordinances or engineering laws and practices. (d) Holding of Cockfights. Except as provided in this Decree, cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays and during local fiestas for not more than three days. It may also be held during provincial, city or municipal, agricultural, commercial or industrial fair, carnival or exposition for a similar period of three days upon resolution of the province, city or municipality where such fair, carnival or exposition is to be held, subject to the approval of the Chief of Constabulary or his authorized representative: Provided, that, no cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the month of a local fiesta or for more than two occasions a year in the same city or municipality: Provided, further, that no cockfighting shall be held on December 30 (Rizal Day), June 12 (Philippine Independence Day) November 30 (National Heroes Day), Holy Thursday, Good Friday, Election or Referendum Day and during Registration Days for such election or referendum.
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS (e) Cockfighting for Entertainment of Tourists or for Charitable Purposes. Subject to the preceding subsection hereof, the Chief Constabulary or his authorized representative may also allow the holding of cockfighting for the entertainment of foreign dignitaries or for tourists, or for returning Filipinos, commonly known as "Balikbayan", or for the support of national fund-raising campaigns for charitable purposes as may be authorized by the Office of the President, upon resolution of a provincial board, city or municipal council, in licensed cockpits or in playgrounds or parks: Provided, that this privilege shall be extended for only one time, for a period not exceeding three days, within a year to a province, city, or municipality. (f) Other games during cockfights prescribed. No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during cockfights. The owner, manager or lessee off such cockpit and the violators of this injunction shall be criminally liable under Section 8 hereof.
with subsidiary imprisonment in case of insolvency, in case of any other offender. Section 9. Repealing Clause. The provisions of Section 2285 and 2286 of the Revised Penal Code, Republic Act No. 946, all laws, decrees, rules and regulations, or orders which are inconsistent with this Decree are hereby repealed or modified accordingly. Section 10. Date of Effectivity. This Decree shall take effect after fifteen (15) days following the completion of the publication in the Official Gazette. Done in the City of Manila, this 9th day of May, in the year of Our Lord, nineteen hundred and seventy-four. Permitting gambling of any kind punished under the same decree
Section 8. Penal Provisions. Any violation of the provisions of this Decree and of the rules and regulations promulgated by the Chief of Constabulary pursuant thereto shall be punished as follows: a. By prision correccional in its maximum period and a fine of two thousand pesos, with subsidiary imprisonment in case of insolvency, when the offender is the financer, owner, manger or operator of cockpit, or the gaffer, referee or bet taker in cockfights; or the offender is guilty of allowing, promoting or participating in any other kind of gambling in the premises of cockfights during cockfights. b. By prision correccional or a fine of not less than six hundred pesos nor more than two thousand pesos or both, such imprisonment and fine at the discretion of the court,
in
cockpit
is
The owner, manager or lessee of the cockpit who shall permit gambling of any kind on the premises of the cockpit or place of cockfight during cockfights, violation of the injunction, shall be criminally liable under Sec. 9 (Sec. 5[f])
Spectators in a cockfight are not liable
The Decree does not punish a person attending as a spectator in a cockfight. To be liable, he must participate in the cockfight as bettor.
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS
4. That the act or acts complained of be committed in a public place or within the public knowledge or view. (US vs. Samaniego) ( Degree of publicity necessary) Decency – propriety of conduct; proper observance of the requirements of modesty, good taste, etc. CHAPTER TWO – OFFENSES AGAINST DECENCY AND GOOD CUSTOMS What are the offenses against decency and good customs? They are: 1. Grave Scandal (Art. 200) 2. Immoral doctrines, exhibitions. (Art. 201)
obscene
publications
and
3. Vagrancy and prostitution. (Art. 202) Art. 200. Grave scandal. — The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code.
Customs – established usage, social conventions carried on by tradition and enforced by social disapproval of any violation thereof. Grave Scandal – consists of acts which are offensive to decency and good customs which, having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same.
•
Elements: •
1. That the offender performs an act or acts. 2. That such act or acts be highly scandalous as offending against decency or good customs. 3. That the highly scandalous conduct is not expressly falling within any article of this Code.
The acts must be those that can cause public scandal among the persons witnessing them besides being contrary to public morals and good customs. (P. vs. Dumlao, et. al.) If the act or acts of the offender are punished under another article of this Code, Art. 200 is not applicable. The acts must be performed in a public place or within the public knowledge or view. When the acts were performed in a private house and seen by one person, the crime was not committed.
Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. — The penalty of prision mayor or a fine ranging from six thousand to
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS twelve thousand pesos, or both such imprisonment and fine, shall be imposed upon: (1) Those who shall publicly expound or proclaim doctrines openly contrary to public morals; (2) (a) the authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners/operators of the establishment selling the same; (b) Those who, in theaters, fairs, cinematographs or any other place, exhibit, indecent or immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue hereof, s hall include those which (1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence, lust or pornography; (3) offend any race or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public order, morals, and good customs, established policies, lawful orders, decrees and edicts; (3) Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals. (As amended by PD Nos. 960 and 969). Publicity is essential.
This offense in any of the forms mentioned in the article is committed only when there is publicity.
Moral – implies conformity with the generally accepted standards of goodness or rightness in conduct or character, sometimes, specifically, to sexual conduct. The author of obscene literature is liable only when it is published with his knowledge.
Writing of obscene literature is not punished, but the author s liable if it is published with his knowledge. In every case, the editor publishing it is liable.
Obscene – something offensive to chastity, decency or delicacy. (US vs. Kottinger) The Test of Obscenity
The test is whether the tendency of the matter charged as obscene is to 1. Deprave or corrupt those whose minds are open to such immoral influences, 2. And into whose hands such a publication may fall and also 3. Whether or not such publication or act shocks the ordinary and common sense of men as an indecency.
Indecency – is an act against the good behavior and a just delicacy. (US vs. Kottinger) Mere nudity obscenity
in pictures
The proper test is
and
paintings,
not
an
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS 1. whether the motive of the picture, as indicated by it, is pure or impure; or
a. Upon conviction of the offender – to be forfeited in favor of the government to be destroyed.
2. Whether it is naturally calculated to excite impure
b. Where the criminal case against the violator of the decree results in an acquittal – to be forfeited in favor of the government to be destroyed, after forfeiture proceedings conducted by the Chief of Constabulary.
imaginations. (P vs. Serrano) Mere possession of obscene materials is not punishable
Mere possession of obscene materials, without intention to sell, exhibit, or give them away, is not punishable under Art. 201, considering the purpose of the law is to prohibit the dissemination of obscene materials to the public.
c. The person aggrieved by the forfeiture action of the Chief of Constabulary may, within 15 days after his receipt of a copy of the decision, appeal the matter to the Secretary of National Defense for review. The decision of the Secretary of National Defense shall be final and unappealable. (Sec. 2, PD 969)
The word “give away” in par. 3 of Art. 201, should be read “distribute” Pictures with slight degree of obscenity, not used for art’s sake but for commercial purposes, fall under this Article. Purpose of the law in publications and exhibitions
punishing
obscene
The object of the law is to protect the morals of the public. (P vas. Aparici, supra)
Disposition of prohibited articles.
The disposition of the literature, films, prints, engravings, sculptures, paintings, or other materials involved in the violation referred to in Sec. 1 hereof shall be governed by the following rules:
If the offender is a government official or employee, the penalty as provided herein shall be imposed in its maximum period and in addition, the accessory penalties provided for in RPC, as amended, shall likewise be imposed. (Sec. 4, PD 969)
Art. 202. Vagrants and prostitutes; penalty. — The following 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 semi-public buildings or places or trampling or
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS 1619, such prosecution being inconsistent with the UN Convention on the Rights of the Child: Provided, that said persons shall undergo appropriate counseling and treatment program. (Sec. 58 of RA 9344, Juvenile Justice and Welfare Act of 2006)
wandering about the country or the streets without visible means of support; 3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes; 4. 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; 5. Prostitutes. For the purposes of this article, women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes. Any person found guilty of any of the offenses covered by this articles shall be punished by arresto menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium period to prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court.
Art. 202 not applicable to minors.
Persons below 18 years of age shall be exempt from prosecution for the crimes of vagrancy and prostitution under Sec. 202 of RPC, of mendicancy under PD 1563, and sniffing of rugby under PD
Only pars. 1 and 2 of Art. 202 require absence of visible means of support.
Absence of visible means of support is an essential element of the offense of vagrancy only under the first and second par. of this article.
Loitering around saloons and gambling houses is vagrancy only when there is evidence of absence of visible means of support. Mendicancy and abetting mendicancy are punished.
Under the Mendicancy Law of 1978 (PD 1563), 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, is a mendicant and, upon conviction, shall be punished 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.
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.
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS
A vagrant without visible means of support may become a mendicant if he uses begging as a means of living.
Vagrants under par. 2 of Art. 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. Dissolute – lax, unrestrained, immoral. Ruffians – brutal, violent, lawless persons. Pimp – one who provides gratificaqtion for the lust of others. (US vs. Cruz) Prostitute – a woman is a prostitute when
1. She habitually indulges in (a) Sexual intercourse, or(b) Lascivious conduct, 2. For money or profit.
Hence, one sexual intercourse with a man for money or profit does not make a woman a prostitute. And several intercourses with different men do not make her a prostitute, if there is no evidence that she indulged in sexual intercourse for money or profit. Note also that sexual intercourse is not absolutely necessary, as lascivious conduct is sufficient.
THE ANTI TRAFFICKING IN PERSONS ACT OF 2003 (SEE RA 9208) Sec. 3. Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs. The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth in the preceding paragraph. Sec. 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts: (a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; (e) To maintain or hire a person to engage in prostitution or pornography; (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and (h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad. Sec. 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons, shall be unlawful:
(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; (b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of promoting trafficking in persons; (c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons; (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking in persons; (e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons; (f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS them from leaving the country or seeking redress from the government or appropriate agencies; and (g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery. Sec. 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking: (a) When the trafficked person is a child; (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group; (d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee; (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; (f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS). Sec. 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of any offense under this Act, the trafficked person, the parents, spouse, siblings, children or legal guardian may file a complaint for trafficking. Sec. 10. Penalties and Sanctions. - The following penalties and sanctions are hereby established for the offenses enumerated in this Act: (a) Any person found guilty of committing any of the acts enumerated in Sec. 4 shall suffer the penalty of imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more than Two million pesos (P2,000,000.00); (b) Any person found guilty of committing any of the acts enumerated in Sec. 5 shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00); (c) Any person found guilty of qualified trafficking under Sec. 6 shall suffer the penalty of life imprisonment and a fine of not less than Two million pesos (P2,000,000.00) but not more than Five million pesos (P5,000,000.00); (d) Any person who violates Sec. 7 hereof shall suffer the penalty of imprisonment of six (6) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos (P1,000,000.00);
CRIMINAL LAW 2 TITLE SIX CRIMES AGAINST PUBLIC MORALS (e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its commission; (f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the erring agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place of entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager thereof shall not be allowed to operate similar establishments in a different name; (g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred permanently from entering the country; (h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit clearances, passports, registration certificates, counseling certificates, marriage license, and other similar documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals or groups, who fail to observe the prescribed procedures and the requirement as provided for by laws, rules and regulations, shall be held administratively liable, without prejudice to criminal liability under this Act. The concerned government official or employee shall, upon conviction, be dismissed from the service and be barred permanently to hold public office. His/her retirement and other benefits shall likewise be forfeited; and
(i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate rescission of the decree of adoption. Sec. 11. Use of Trafficked Persons. - Any person who buys 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 (P50,000.00); and (b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One hundred thousand pesos (P100,000.00). Sec. 12. 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 Sec. 6 shall prescribe in twenty (20) years. The prescriptive period shall commence to run from the day on which the trafficked person is delivered or released from the conditions of bondage and shall be interrupted by the filing of the complaint or information and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused.
