CRIMES AGAINST PUBLIC MORALS

In document Criminal Law 2 Reviewer (Page 44-49)

1. Gambling (Art. 195);

2. Importation, sale and possession of lottery tickets or advertisements (Art. 196);

3. Betting in sport contests (Art. 197);

4. Illegal betting on horse races (Art. 198);

5. Illegal cockfighting (Art. 199);

6. Grave scandal (Art. 200);

7. Immoral doctrines, obscene

publications and exhibitions (Art. 201);

8. Vagrancy and prostitution (Art. 202) A. Gambling and Betting

1. Gambling

IMPORTANT POINTS TO REMEMBER ABOUT THIS ARTICLE:

Ø Arts. 195-199 and provisions of PD 483 and 9 are repealed insofar as they are inconsistent with PD 1602, which provides for stiffer penalties for violation of the Gambling Laws.

Ø Definition of Gambling: any game of chance or scheme, whether upon chance or skill, wherein wagers consisting of money, articles or value or representative or value are at stake or made.

Ø Spectators are not liable in gambling, because they do not take part directly or indirectly.

Ø Before, the Revised Penal Code considered the skill of the player in classifying whether a game is

gambling or not. But under the new gambling law, the skill of the players is immaterial.

Ø Even sports contents like boxing, would be gambling insofar as those who are betting therein are concerned.

Ø There is no lottery when the person gets the full value for his money.

• Example: A package of cigarette sold at P0.30 each includes a coupon which may allow the buyer to win a gold watch. This is not lottery. Winning the watch is only a bonus.

Ø Criteria to determine if lottery is already gambling:

1. If the public is made to pay not only for the merchandise that he is buying, but also for the chance to win a prize out of the lottery.

Public is made to pay a higher price.

2. If the merchandise is not saleable because of its inferior quality, so that the public actually does not buy them, but with the lottery the public starts patronizing such merchandise. In effect, the public Elements of Lottery:

1. Consideration 2. Chance

3. Prize or some advantage or inequality I amount or value which is in the nature of a prize.

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.

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is paying for the lottery and not for the merchandise, and therefore the lottery is a gambling game. Public is not made to pay a higher price.

Ø The maintainer or conductor in a gambling game is likewise punished.

Ø Who is a maintainer?: A person who sets up and furnishes the means with which to carry on the gambling game or scheme.

Ø Who is a conductor?: A person who manages or carries on the gambling game or scheme.

Ø To be prosecuted for possessing a jueteng list, proof that the game took place or is about to take place is not necessary.

2. Importation, Sale and Possession of Lottery Tickets or Advertisements

IMPORTANT POINT TO REMEMBER ABOUT THIS ARTICLE:

Ø The possession of any lottery ticket or advertisement is prima facie evidence of an intent to sell, distribute or use the same in the Philippines.

2. Article 197. Betting in Sports Contests This article has been repealed by Presidential Decree No. 483 (Betting, Game-fixing or Point-shaving and Machinations in Sport Contests):

Section 2. Betting, game-fixing, point-shaving or game machination unlawful. – Game-fixing, point-shaving, game machination, as defined in the preceding section, in connection with the games of basketball, volleyball, softball, baseball;

chess, boxing bouts, jai-alia, 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.

BETTING ààà

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

GAME-FIXING ààà

à any arrangement, combinations, scheme or agreement by which the result of any game, races or sport contests shall be predicated and/or known other than on the basis of the honest playing skill or ability of the players or participants.

POINT-SHAVING ààà

à any such arrangement, combination, scheme or agreement by which the skill of 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 one or the other team, player or participant therein.

GAME MACHINATION à

àà

à any other fraudulent, deceitful, unfair or dishonest means, methods, manner or practice employed for the purpose of influencing the result of any game, races or sports contest.

3. Illegal Betting on Horse Race Elements of “Knowingly Permitting

Gambling to be Carried on in a Place Owned or Controlled by the Offender”:

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 games knowing that it is a gambling game.

ARTICLE 196. IMPORTATION, SALE AND POSSESSION OF LOTTERY TICKETS OR ADVERTISEMENTS Acts punished

1. Importing into the Philippines from any foreign place or port any lottery ticket or advertisement; or

2. Selling or distributing the same in connivance with the importer;

3. Possessing, knowingly and with intent to use them, lottery tickets or advertisements; or 4. Selling or distributing the same

without connivance with the importer of the same.

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IMPORTANT POINTS TO REMEMBER ABOUT THIS ARTICLE:

Ø When horse races are not allowed:

• July 4 (Republic Act No. 137);

• December 30 (Republic Act No.

229);

• Any registration or voting days (Republic Act No. 180, Revised Election Code); and

• Holy Thursday and Good Friday (Republic Act No. 946).

Ø Any race held on the same day and at the same place shall be held punishable as a separate offense.

4. Article 199. Illegal Cockfighting

This article has been modified or repealed by Presidential Decree No. 449 (The Cockfighting Law of 1974):

• Only allows one cockpit per municipality, unless the population exceeds 100,000 in which case two cockpits may be established;

• Cockfights can only be held in licensed cockpits on Sundays and legal holidays and local fiestas for not more than three days;

• Also allowed during provincial, municipal, city, industrial, agricultural fairs, carnivals, or exposition not more than three days;

• Cockfighting not allowed on December 30, June 12, November 30, Holy Thursday, Good Friday, Election or Referendum Day, and registration days for referendums and elections;

• Only municipal and city mayors are allowed to issue licenses for such.

IMPORTANT POINT TO REMEMBER ABOUT THIS ARTICLE:

Ø This decree does not punish a person attending as a spectator in a cockfight. To be liable, he must participate as a bettor.

B. Offenses Against Decency and Good Customs

1. Grave Scandal

IMPORTANT POINTS TO REMEMBER ABOUT THIS ARTICLE:

Ø DECENCY: means proprietary of conduct; proper observance of the requirements of modesty, good taste, etc.

Ø CUSTOMS: established usage, social conventions carried on by tradition and enforced by social disapproval of any violation thereof.

Ø GRAVE SCANDAL: consists 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.

Ø The acts must be performed in a public place or within the public knowledge or view.

Ø If it is committed in a private place, the crime of grave scandal is not committed.

Ø In conducts involving lasciviousness, it is grave scandal only where there is mutual consent. (Boado, Comprehensive Reviewer in Criminal Law)

Ø Any act which is notoriously offensive to decency may bring about criminal liability for the crime of grave scandal provided such act does not constitute some other crime under the Revised Penal Code. Grave scandal is a crime of last resort.

ARTICLE 198. ILLEGAL BETTING ON HORSE RACE

Acts punished

1. Betting on horse races during periods not allowed by law;

2. 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.

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.

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Illustration:

1. A man and a woman went to Luneta and slept there. They covered themselves their blanket and made the grass their conjugal bed. This is grave scandal.

2. Immoral Doctrines, Obscene Publications and Exhibitions and Indecent Shows

IMPORTANT POINT TO REMEMBER ABOUT THIS ARTICLE:

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

Ø THE TEST OF OBSCENITY:

• 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.

• As long as the pornographic matter or exhibition is made privately, there is no crime committed under the Revised Penal Code because what is protected is the morality of the public in general.

1. People v Kottinger (1923)

• The SC said that the postcards were not obscene because the aggregate judgment of the community, and the moral sense of the people were not shocked by those pictures. They were not offensive to chastity but merely depicted persons as they actually lived.

2. People v Aparici

• The reaction of the public during the performance of a dance by one who had nothing to cover herself with, except nylon patches over her breasts and too abbreviated pair of nylon panties to interrupt her stark nakedness should be made the gauge in the determination of whether the dance or exhibition was indecent or immoral.

3. People v Padan (1957)

• An actual exhibition of the sexual act can have no redeeming feature—no room for art. Therefore, it is a clear and unmitigated obscenity.

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:

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, 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.

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3. Vagrancy and Prostitution

IMPORTANT POINT TO REMEMBER ABOUT THIS ARTICLE:

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

Ø VAGRANTS:

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.

Ø The common concept of a vagrant is a person who loiters in public places without any visible means of livelihood and without any lawful purpose.

Ø Even millionaires or one who has more that enough for his livelihood can commit vagrancy by habitually associating with prostitutes, pimps, ruffians, or by habitually lodging in houses of ill-repute.

Ø The purpose of the law is not simply to punish a person because he has no

means of livelihood; it is to prevent further criminality.

Ø Any person found wandering in an estate belonging to another whether public or private without any lawful purpose also commits vagrancy, unless his acts constitutes some other crime in the Revised Penal Code.

PD 1563

MENDICANCY LAW OF 1978 What is a Mendicant?

A mendicant refers to any person (except those enumerated in section 4 of the law) 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.

Those enumerated in section 4, who are not considered mendicants are the following:

1. Any infant or child 8 years old and below who is found begging or is being utilized by a mendicant for purposes of begging

2. Any minor over 9 years of age and under 15 found begging or is being utilized for purposes of begging, and who acted with or without discernment

3. Any person who is found begging and who is physically or mentally incapable of gainful occupation

Who are punishable?

1. A mendicant shall, upon conviction, 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.

2. A habitual mendicant (one who has been convicted of mendicancy under this law 2 or more times) shall be punished by a fine not exceeding P1000.00 or by imprisonment for a period not exceeding years, or both at the discretion of the court.

ARTICLE 202. VAGRANCY AND PROSTITUTION

Persons Liable:

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;

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VII. CRIMES COMMITTED BY PUBLIC OFFICERS CRIMINAL LAW II

TITLE VII: CRIMES COMMITTED BY

In document Criminal Law 2 Reviewer (Page 44-49)