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Criminal Law II > Title 6 - (Art. 195-202) Public Morals > Flashcards

Title 6 - (Art. 195-202) Public Morals Flashcards

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1
Q

Title VI are crimes against?

A

Title VI Crimes Against Public Morals

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2
Q

Arts. 195-199 and provisions of PD 483 and 449 are repealed insofar as they are inconsistent with PD 1602, which provides for stiffer penalties for violation of the Gambling Laws

Under PD 1602, who are liable?

A
  1. any person taking part, directly or indirectly in any illegal or authorized activities or games
  2. any person knowingly permit any form of gambling to be carried on in a place
  3. a gov’t official who is a maintainer, conductor, or banker..
  4. any person, who knowingly without lawful purpose, in any hour of any day, possess any lottery list
  5. any brgy. official who, with knowledge of the existence of a gambling house fails to abate (lessen) or take action
  6. any security officer, sec-guard, detective of hotels, villages, and the like which have a reputation of a gambling place or where gambling is held
    .
    .
    .
    .
    .
    .
  7. Any person taking part, directly or indirectly in any illegal or unauthorized activities or games of cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, 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, cuajo, pangguigue and other card games; pak que, high and low, mahjong, domino and other games using plastic tiles and the like; slot machines, roulette, pinball and other mechanical contraptions and devices; doc racing, boat racing, car racing and other forms of races; basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fixing, point shaving and other machinations; banking or percentage game, or any other game or scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value are at stake or made; or any person knowingly permitting any form of gambling previously enumerated to be carried on in an inhabited or uninhabited place or in any building, vessel or other means of transportation owned or controlled by him.
  8. Any person knowingly permitting any form of gambling to be carried on in a place which has a reputation of a gambling place or that prohibited gambling is frequently carried on therein, or in a public or government building or barangay hall; or maintainer or conductor the above gambling schemes.
  9. A government official who is a maintainer, conductor or banker of the gambling schemes, or the player, promoter, referee, umpire, judge or coach in case of game fixing, point shaving and other machinations.
  10. Any person who knowingly and without lawful purpose in any hour of any day, possesses 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 takenplace or about to take place.
  11. Any barangay official who, with knowledge of the existence of the gambling house or place in his jurisdiction fails to abate the same or take action in connection therewith.
  12. 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.
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3
Q

What is gambling?

A

– is any game of chance or scheme, whether upon chance or skill, wherein wagers consisting of money, articles or value or representative of value are at stake or made.

Arts. 195-199 and provisions of PD 483 and 449 are repealed insofar as they are inconsistent with PD 1602, which provides for stiffer penalties for violation of the Gambling Laws.

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4
Q

What are the elements of lottery?

A

consideration
chance
prize - or some advantage or inequality in amount or value which is in the nature of a prize

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5
Q

195

A

Knowingly Permitting Gambling to Be Carried on in a Placed Owned or Controlled by the Offender

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6
Q

Elements

A
  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 or controlled by the offender
  3. That the offender permitted the carrying on of such game, knowing that it is a gambling game
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7
Q

Art 196

A

Importation Sale and Possession of Lottery Tickets or Advertisements

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8
Q

Acts Punished

A
  1. By importing into the Philippines from any foreign place or port any lottery ticket or advertisement.
  2. By selling or distributing the same in connivance with the importer.
  3. By possessing, knowingly and with intent to use, lottery tickets or advertisements.
  4. By selling or distributing the same without connivance with the importer.
  • The possession of any lottery ticket or advertisement is prima facie evidence of an intent to sell, distribute or use the same.
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9
Q

197 (repealed by PD 483)

A

Betting in Sports Contest

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10
Q

Acts Punishable

A

Game-fixing,
point-shaving,
game machination, in connection with the games of basketball, volleyball, softball, baseball; chess, boxing bouts, “jai-alai,” “pelota” and all other sports contests, games or races; as well as betting therein [except] as may be authorized by law (Sec. 2)

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11
Q

Betting meaning

A

betting money or any object or article of value or representative of value upon the result of any game, races and other sports contests

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12
Q

Game-fixing meaning

A

any arrangement, combination, scheme or agreement [acsa]

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

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13
Q

Point-shaving meaning

A

any such arrangement, combination, scheme, or agreement [acsa]

by which the skill of ability of any player or participant in a game, race or sports contest to make points or scores shall be limited deliberately in order to influence the result thereof in favor of one or the other team, player or participant therein

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14
Q

Game machination meaning

A

ANY other fraudulent, deceitful, unfair or dishonest [fdud-mmmp] means, method, manner or practice employed for the purpose of influencing the result of any game, race or sports contest

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15
Q

Art 198

A

Illegal Betting on Horse Races

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16
Q

Acts punishable in illegal betting on horse racing

A
  1. By betting on horse races during the periods NOT allowed by law.
  2. By maintaining or employing a totalizer OR other device or scheme for betting on races or realizing profit therefrom, during the periods not allowed by law.

Totalizer: a machine for registering and indicating the number and nature of bets made on horse races.

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17
Q

Horse races are allowed during?

A

Sundays not reserved
24 saturdays
Legal Holidays EXCEPT
- independence day
- rizal day
- registration or voting day
- holy thursday
- good friday

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18
Q

Art 199

A

Illegal Cockfighting

19
Q

Who are liable ( As modified by PD 449)

A
  1. Any person who, directly or indirectly, participates in cockfights, by [{BETTING}] money or other valuable things in a day [other than those permitted by law].
  2. Any person who, directly or indirectly, organizes cockfights at which bets are made in a day[other than those permitted by law].
  3. Any person who, directly or indirectly, participates in cockfights, by betting money or other valuable things at a place [other than a licensed cockpit.]
  4. Any person who, directly or indirectly, organizes cockfights at which bets are made at a place [other than a licensed cockpit.]
  5. Owner, manager or lessee of the cockpit who shall permit [{GAMBLING}] of ANY kind on the premises of the cockpit or place of cockfighting during cockfights.
20
Q

cockfighting is allowed during

A
  1. Sundays
  2. Legal Holidays
    EXCEPT:
    a. Rizal Day
    b. Independence Day
    c. National Heroes Day
    d. Holy Thursday
    e. Good Friday
    f. Election or Referendum Day
    g. During the Registration days for election or referendum
  3. During local fiestas for not more than 3 days
  4. During provincial, city or municipal, agricultural, commercial or industrial fair, carnival or exposition for a similar period of three days
21
Q

ARTICLES ON GAMBLING WILL BE TAKEN ON FINALS - SPL

A

ARTICLES ON GAMBLING WILL BE TAKEN ON FINALS - SPL

22
Q

Article 200

A

Grave Scandal

23
Q

What is grave scandal?

A

consist of acts which are offensive to decency and good customs which, having committed PUBLICLY, have given rise to public scandal to persons who have accidentally witnessed the same

24
Q

what are the elements of grave scandal

A
  • Offender performs an act OR acts
  • such act/acts be highly scandalous as offending against decency and good customs
  • that the highly scandalous act is NOT expressly falling w/in any article in this code
  • complained act/acts be committed in a public place w/in public knowledge or view

[notes]
If the act or acts of the offender are punished under another article of the Revised Penal Code, Art. 200 is NOT applicable.

When the acts were performed in a private house and seen by one person, the crime was NOT committed.

25
Q

Decency?

A

propriety of conduct (proper decorum)
proper observance of the requirements of modesty, good taste, etc

26
Q

Customs?

A

established usage, social conventions carried on by tradition AND enforced by social disapproval of any violation thereof

27
Q

Difference between Grave Scadal & Alarms & Scandal [not in discussion guide]

A

Refers to moral scandal. It does not necessarily disturb public peace. However, it must be committed within public view.

Refers to disturbances of the public peace which are not to acts which are offensive to decency.

28
Q

Article 201?

A

Immoral Doctrines, Obscene Publications and Exhibitions and Indecent Shows

29
Q

[NOT]

Who are liable for 201?

A
  1. Those who shall publicly expound or proclaim doctrines openly and contrary to public morals.
  2. The authors of obscene literature, published with their knowledge in any form; the editors publishing such literature; and the owners, operating the establishment or selling the same. Mere possession is not punishable. The crime of illegal publication is also committed when the real printer’s name is NOT divulged
  3. Those who, in theaters, fairs, cinematographs or any other place, exhibit indecent or immoral shows which are proscribed or are contrary to morals, good customs, established policies, lawful orders, decrees and edicts
  4. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals

Publicity is required

30
Q

[NOT] Define Morals

A

imply conformity with the generally accepted standards of goodness or rightness in conduct or character, sometimes, specifically, to sexual conduct

31
Q

What is the test of obscenity?

A

whether the tendency of the matter charged as obscene, is to corrupt those whose minds are open to such immoral influences, and into whose hands such a publication may fall and

also whether or not such publication OR [act] shocks the ordinary and common sense of men as an indecency

32
Q

Article 202?

A

Vagrants and Prostitutes

33
Q

Who are vagrants?

A

(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 means lax, unrestrained, immoral.

ruffians are brutal, violent, lawless persons.

A pimp is one who provides gratification for the lust of others.

A maintainer of a house of prostitution may be considered a vagrant within the meaning of the provision: “Any idle or dissolute person who lodges in houses of ill-fame.” (See People vs. Mirabien, 50 Phil. 499)

34
Q

What is prostitution

A

women who, for money or profit habitually indulge in sexual intercourse or lascivious conduct

35
Q

Compare the provision of articles 201 and 202 with the provisions of RA 9208.

A
  1. persons liable of 201 & 202
  2. discuss 9208

RA 9208 - Anti-Trafficking in Persons Act of 2003
Trafficking in persons - recruitment, harboring, transporting or receipt of persons for various exploitative purposes

acts of trafficking
acts promoting trafficking
and qualified trafficking

36
Q

[NOT]
Who are liable for 202?

A

Persons Liable:
1. Any person having no apparent means of subsistence (minimum support of oneself), who has the physical ability to work and who neglects to apply himself to some lawful calling; (Mendicant)

  1. Any person found loitering about public or semipublic buildings or places or tramping or wondering about the country or the streets without visible means of support;
  2. Any idle or dissolute person who lodges in houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes; (Vagrant)
  3. 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.
  4. Prostitutes
37
Q

[NOT]
Is Article 202 applicable to minors?

A

Persons below eighteen (18) years of age shall be exempt from prosecution for the crimes of vagrancy and prostitution under Art. 202 of the RPC, of mendicancy under PD 1563, and sniffing of rugby under PD 1619, such prosecution being inconsistent with the United Nations Convention on the Rights of the Child: Provided, That said persons shall undergo appropriate counseling AND treatment program. (Sec. 58, RA 9344 otherwise known as the “Juvenile Justice and Welfare Act of 2006”)

38
Q

[NOT] who are the Persons Liable under PD 1563 or the Mendicancy Law:

A
  • Mendicant himself
  • Any person who abets mendicancy by giving alms directly to mendicants, exploited infants, and minors on public roads, sidewalks, parks and bridges
39
Q

FEB 6 - LECTURE

A

FEB 6 - LECTURE

40
Q

lady sunbathing in her condo naked infront of a commercial bldg, people used binoculars to watch the woman.

has the woman committed grave scandal?

A

No. They had to use binoculars

40
Q

how come movies nowadays are being shown when they are against public morals

why are they not being prosecuted?

A

Because MTRCB regulates them no matter how violent, pornographic.

40
Q

On Immoral Doctrine, Obscene Publication and Exhibition and Indecent Shows

why are magazine stores able to sell nude magazines?

A

Because they are being regulated

40
Q

vagrancy has been removed from 202. article 202 only covers prostitutino

A
40
Q

sexual intercourse of a married man in a van with a girl in Ayala basement parking in a dimly lit on the place of parking.

is this grave scandal?

A

No. there must be publicity as evidenced by the guards using flashlight to see what was happening.

Criminal Law II (36 decks)

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