Module 5
CRIMES AGAINST PUBLIC MORALS 179 CRIMES AGAINST PUBLIC
MORALS
NOTE: Arts. 195-196 have been repealed and modified by PD Nos. 449,
483 and 1602, as amended by Letters of Instructions No. 816. Arts.197-199
has been repealed and modified by PD 483 and PD 449.
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS GRAVE
SCANDAL
ART. 200 Grave scandal
It 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. Offender performs an act or acts;
2. Such act or acts be highly scandalous as offending against decency or
good customs;
3. Highly scandalous conduct is not expressly falling within any other article
of this Code; and
4. Act or acts complained of be committed in a public place or within the
public knowledge or view.
NOTE: There should be consent to do the scandalous act. If the
scandalous act was done without consent, the crime committed may be
acts of lasciviousness or violation of RA 7610 if a child is involved.
NOTE: If the acts of the offender are punished under another article of the
RPC, ART. 200 is not applicable.
Commission of the crime in a private place An act offensive to decency
performed in a private place constitutes grave scandal. However, the act
must be open to public view for it to be actionable.
NOTE: If committed in a public place, the performance of the act offensive
to decency is already a crime even though there is no third party looking at
it. Public view is not required. The public character of the place is sufficient.
GRAVE SCANDAL
The acts of the offender are highly scandalous in such a manner as it
offends decency and good customs
The scandal involved refers to moral scandal offensive to decency or good
customs, although it does not disturb public peace.
ALARMS AND SCANDAL
The acts of the offender do not necessarily scandalize the public, but his
acts produce alarm or danger to the public.
But such conduct or act must be open to the public view. The purpose is to
disturb public peace.
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND
EXHIBITIONS, AND INDECENT SHOWS ART. 201 AS AMENDED BY PD
969 Persons liable
1. Those who shall publicly expound or proclaim doctrines openly contrary
to public morals;
2. 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;
3. Those who, in theaters, fairs, cinematography, 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:
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;
5. Contrary to law, public order, morals, good customs, established
policies, lawful orders, decrees and edicts;
NOTE: 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 (Reyes, 2017).
Meaning of Obscenity
Obscenity is something which is offensive to chastity, decency or delicacy.
That which shocks the ordinary and common sense of men as an
indecency. Publicity is an essential element of this offense This offense in
any of the forms mentioned is committed only when there is publicity. It is
an essential element.
Test of obscenity
1. Whether to the average person, applying contemporary standards would
find the work, taken as a whole, appeals to the prurient interest;
2. Whether the work depicts or describes, in a patently offensive way,
sexual conduct specifically defined by the applicable state law; and
3. Whether the work, taken as a whole, lacks serious literary, artistic,
political, or scientific value. (Miller vs. Caalifornia, 413 US 15 June 21,
1973) Liability of the author of obscene literature The author becomes
liable if it is published with his knowledge. In every case, the editor
publishing it is liable. Viewing of pornographic materials in private If the
viewing of pornographic materials is done privately, there is no violation of
Art. 201. What is protected is the morality of the public in general. The law
is not concerned with the moral of one person.
VAGRANTS AND PROSTITUTES ART. 202, as amended by RA 10158
“An Act Decriminalizing Vagrancy”
NOTE: RA 10158 decriminalized vagrancy. All pending cases on vagrancy
shall be dismissed and all persons serving sentence for vagrancy shall be
immediately released upon effectivity of RA 10158 (Reyes, 2017).
Prostitutes They are women who, for money or profit, habitually indulge in
sexual intercourse or lascivious conduct. Sexual intercourse is not a
necessary element to constitute prostitution. The act of habitually indulging
in lascivious conducts because of money or gain would already amount to
prostitution. Term prostitution is not applicable to a man The term is
applicable only to a woman who, for money or profit, habitually engages in
sexual intercourse or lascivious conduct. A man who engages in the same
conduct is not a prostitute but a vagrant. His acts may also be punished
under city/municipal ordinances. No crime of prostitution by conspiracy One
who conspires with a woman in the prostitution business like pimps, taxi
drivers or solicitors of clients are guilty of the crime under Article 341 for
white slavery. Art. 202 not applicable to minors Persons below eighteen
(18) years of age shall be exempt from prosecution for the crime of
prostitution under Art. 202 of the RPC, such prosecution being inconsistent
with the United Nations Convention on the Rights of the Child; Provided,
that said persons shall undergo appropriate counselling and treatment
program (Sec. 58, RA 9344).
