TITLE VI Flashcards
Article 195
What Acts Are Punishable in Gambling
Acts punished
1. Taking part directly or indirectly in –
a. any game of monte, jueteng, or any other form of
lottery, policy, banking, or percentage game, dog
races, or any other game or scheme the results of
which depend wholly or chiefly upon chance or
hazard; or wherein wagers consisting of money,
articles of value, or representative of value are made;
or
b. 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. Knowingly permitting any form of gambling to be carried on
in any place owned or controlled by the offender;
3. Being maintainer, conductor, or banker in a game of
jueteng or similar game;
4. Knowingly and without lawful purpose possessing lottery
list, paper, or other matter containing letters, figures, signs
or symbol which pertain to or are in any manner used in the
game of jueteng or any similar game.
Article 200
Grave Scandal
Elements
1. Offender performs an act or acts;
2. Such act or acts be highly scandalous as offending against
decency or good customs;
3. The highly scandalous conduct is not expressly falling
within any other article of this Code; and
4. The act or acts complained of be committed in a public
place or within the public knowledge or view.
IS DISTURBANCE TO PUBLIC A REQUIREMENT IN GRAVE SCANDAL?
In grave scandal, the scandal involved refers to moral scandal
offensive to decency, although it does not disturb public peace.
But such conduct or act must be open to the public view.
Distinction should be made as to the place where the offensive
act was committed, whether in the public place or in
a private place:
(1) In public place, the criminal liability arises irrespective of
whether the immoral act is open to the public view. In
short public view is not required.
(2) When act offensive to decency is done in a private place,
public view or public knowledge is required.
Article 201
Immoral Doctrines, Obscene Publications
and Exhibitions and Indecent Shows
Acts punished
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, it being
understood that the obscene literature or indecent or
immoral plays, scenes, acts or shows, whether live or in film, which are proscribed by virtue hereof, shall
include those which:
a) glorify criminals or condone crimes;
b) serve no other purpose but to satisfy the market
for violence, lust or pornography;
c) offend any race, or religion;
d) tend to abet traffic in and use of prohibited drugs;
and
e) are contrary to law, public order, morals, good
customs, established policies, lawful orders,
decrees and edicts; and
3. Those who shall sell, give away, or exhibit films, prints,
engravings, sculptures, or literature which are offensive to
morals.
Article 202
Vagrants and Prostitutes; Penalty
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 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;
4. Ruffians or pimps and those who habitually associate with
prostitutes;
5. 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;
6. Prostitutes, who are women who, for money or profit,
habitually indulge in sexual intercourse or lascivious
conduct.
Prostitutes are women who, for money or profit, habitually
indulge in sexual intercourse or lascivious conduct, are deemed
to be prostitutes.
Test of Obscenity:
Whether or not the material charged as
obscene has the tendency to deprave and corrupt the minds of
those open to the influence thereof, or into whose hands such
material may come to (Kottinger Rule).
The test is objective. It is more on the effect upon the viewer
and not alone on the conduct of the performer.
If the material has the tendency to deprave and corrupt
the mind of the viewer then the same is obscene and where such obscenity is made publicly, criminal liability
arises.
