Title 6. Crimes against public morals

Question 1

What are the offenses against decency and good customs?

Answer 1

They are:
1. 2.
3.
Grave scandal. (Art. 200)
Immoral doctrines, obscene publications and exhibitions. (Art. 201)
Vagrancy and prostitution. (Art. 202)

Question 2

What are the Elements of grave scandal?

Answer 2

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
   other article of this Code.
4. That the act or acts complained of be committed in a public place or within the public knowledge or view. (U.S. vs. Samaniego, 16 Phil. 663)

Question 3

define moral

Answer 3

The word “moral” implies conformity with the generally accepted standards of goodness or Tightness in conduct or character, sometimes,
specifically, to sexual conduct.

Question 4

The test of obscenity

Answer 4

The test is whether the tendency of the matter charged as obscene, is to
deprave or 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. “Indecency” is an act against the good behavior and a just
delicacy.

Question 5

is nudity in pictures or paintings an obscenity?

Answer 5

As regards such pictures, the proper test is whether the motive of the picture, as indicated by it, is pure or impure; or whether it is naturally
calculated to excite impure imaginations.

Question 6

Purpose of the law in punishing obscene publications and exhibitions.

Answer 6

The object of the law is to protect the morals of the public.

Question 7

Disposition of prohibited articles.

Answer 7

The disposition of the literature, films, prints, engravings, sculptures,
paintings, or other materials involved in the violation referred to in Section
1 hereof shall be governed by the following rules:
a. Upon conviction of the offender — to be forfeited in favor of the
government to be destroyed.
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.
c. The person aggrieved by the forfeiture action of the Chief of
Constabulary may, within fifteen (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, P.D. No. 969)

Question 8

Define grave scandal

Answer 8

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.”

Question 9

Obscene defined

Answer 9

The word “obscene” means something offensive to chastity, decency or delicacy. (U.S. vs. Kottinger, 45 Phil. 352)

Question 10

Purpose of the law in punishing obscene publications and exhi- bitions

Answer 10

The object of the law is to protect the morals of the public. (People vs. Aparici, supra)

Question 11

Vagrants under paragraph 3 of Art. 202.

Answer 11

It will be noted that a vagrant under paragraph 3 of Art. 202, must be either —
(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.

Question 12

What is a prostitute

Answer 12

Prostitutes are women who habitually indulge in (1) sexual inter- course or (2) lascivious conduct, for money or profit.
As the term “prostitutes” is defined in this article, a woman is a prostitute when (1) she habitually indulges in (a) sexual intercourse, or (b) lascivious conduct, (2) for money or profit.