Title Six

CRIMES AGAINST PUBLIC MORALS

Chapter One. Gambling and Betting
Article 195. Gambling
Article 196. Importation, sale and possession of
lottery
ticets or ad!ertisements
Article 19". Betting in sport contests #$%&%A'%()
Article 19*. Illegal betting on horse races
Article 199. Illegal coc+ghting
Chapter ,-o. O.enses against (ecency and Good
C/stom

Article 011. Gra!e scandal
Article 011. Immoral doctrines, obscene
p/blications
and e2hibitions
Article 010. 3agrancy and prostit/tion
Article 195. Gamblin
Acts p/nishable4
1. ,aing part directly or indirectly in 5
a. any game of monte, 6/eteng, or
any other form of lottery, policy,
baning, or percentage game, dog
races, or any other game or scheme
the res/lts of -hich depend -holly or
chie7y /pon chance or ha8ard9 or
-herein -agers consisting of money,
articles of !al/e, or representati!e of
!al/e are made9 or
b. the e2ploitation or /se of any
other mechanical in!ention or
contri!ance to determine by chance
the loser or -inner of money or any
ob6ect or representati!e of !al/e9
0. :no-ingly permitting any form of gambling
to be carried on in any place o-ned or
controlled by the o.ender9
;. Being maintainer, cond/ctor, or baner in a
game of 6/eteng or similar game9
<. :no-ingly and -itho/t la-f/l p/rpose
possessing lottery list, paper, or other
matter containing letters, +g/res, signs or
symbol -hich pertain to or are in any
manner /sed in the game of 6/eteng or any
similar game.
PRESI!ENTIAL !ECREE NO. 1"#$
Pre%cribin Sti&er Penaltie% On Illeal
Gamblin
'() are *+ni%(able,
1. Any person other than those referred to in the
s/cceeding s/b=sections -ho in any manner, shall
directly or indirectly ta-e *art in any illegal or
/na/thori8ed acti!ities or games
>hat are illegal or /na/thori8ed acti!ities or games?
- coc+ghting, 6/eteng, lotteries, games /sing
dice, card games, games /sing plastic tiles
#mah6ong), mechanical contraptions and
de!ices #slot machines), races, indi!id/al or
team contests -here game +2ing, point
sha!ing and other machinations are
present, baning or percentage game
- I@ G%@%$A'4 or any other game scheme,
-hether /pon chance or sill, -herein
-agers consisting of money, articles of
!al/e or representati!e of !al/e are at stae
or made
0. Any person -ho shall -n).inl/ *ermit any form
of gambling referred to in the preceding
s/bparagraph to be carried on in inhabited or
/ninhabited place or in any b/ilding, !essel or other
means of transportation o-ned or controlled by him.
;. ,he maintainer or c)n0+ct)r of the abo!e
gambling schemes.
<. Any person -ho shall, no-ingly and -itho/t
la-f/l p/rpose in any ho/r of any day,
*)%%e%% any l)tter/ li%t, paper or other
matter containing letters, +g/res, signs or
symbols pertaining to or in any manner /sed
in the games of 6/eteng, 6ai=alai or horse
racing booies, and similar games of lotteries
and n/mbers -hich ha!e taen place or abo/t
to tae place.
5. Any barana/ )1cial -ho, -ith no-ledge of
the e2istence of a gambling ho/se or place in his
6/risdiction 2ail% t) abate the same or tae action in
connection there-ith.
6. Any sec/rity oAcer, sec/rity g/ard, .atc(man,
pri!ate or ho/se detecti!e of hotels, !illages,
b/ildings, enclos/res and the lie -hich ha!e the
rep/tation of a amblin *lace or -here gambling
acti!ities are being held.
&enalty is higher4
1. If the place -here gambling is carried on
has a rep/tation of a gambling place or that
prohibited gambling is freB/ently carried on
therein9
0. If the place is a p/blic or go!ernment
b/ilding or barangay hall9
;. If the maintainer, cond/ctor or baner of
said gambling schemes is a go!ernment
oAcial, or -here s/ch go!ernment oAcial is
the player, promoter, referee, /mpire, 6/dge
or coach in case of game +2ing, point
sha!ing and machination.
3ery importantCCC InformerDs re-ardCCC Any person
-ho shall disclose information that -ill lead to the
arrest and +nal con!iction of the malefactor shall be
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re-arded t-enty percent #CCC) of the cash money or
articles of !al/e con+scated or forfeited in fa!or of
the go!ernment.
Gambling is any game or
scheme, -hether /pon chance or sill,
-herein -agers consisting of money,
articles or !al/e or representati!e of !al/e
are at stae or made.
$eason for
prohibitingEp/nishing gambling4 to repress
and e!il that /ndermines the social, moral
and economic gro-th of the nation.
Fnder &.(. @o. 1610, it seems
that -hen the la- names the games,
p/nishing any person -ho tae part
therein, its p/rpose is to prohibit absol/tely
those games.
Gpectators are not liable in
gambling, beca/se they do not tae part
directly or indirectly.
'ottery 5 a scheme for the
distrib/tion of pri8es by chance among
persons -ho ha!e paid, or agreed to pay, a
!al/able consideration for the chance to
obtain a pri8e.
%lements of lottery4
consideration, chance and pri8e or some
ad!antage or ineB/ality in amo/nt or !al/e
-hich is in the nat/re of a pri8e.
,here is no lottery -hen the
person gets f/ll !al/e for his money.
%2ample4 a pacage of cigarette sold at
&1.;1 each incl/des a co/pon -hich may
allo- the b/yer to -in a gold -atch. ,his is
not lottery, beca/se the player got f/ll for
his money. ,he -inning of the -atch is 6/st
a bon/s.
,he operation, possession, /se
and importation of pinball and slot
machines and other similar de!ices or
paraphernalia /sed for their operation is
declared /nla-f/l /nder &.(. @o. 519 -hich
too e.ect on H/ly 0;, 19"<.
:no-ingly permitting gambling to be carried on
in a place o-ned or controlled by the o.ender
#0
nd
mode of !iolating this article)
%lements4
1. ,hat a gambling game -as carried on
in an inhabited or /ninhabited place or in
any b/ilding, !essel, or other means of
transportation.
0. ,hat the place, b/ilding, !essel or
other means of transportation is o-ned or
controlled by the o.ender
;. ,hat the o.ender permitted the
carrying on of s/ch game, no-ing that it
is a gambling game.
,he maintainer or cond/ctor in
a gambling game are lie-ise p/nished. A
maintainer is the person -ho sets /p and
f/rnishes the means -ith -hich to carry on
the gambling game or scheme. A
cond/ctor is the person -ho manages or
carries on the gambling game or scheme.
,o be prosec/ted for
possessing a 6/eteng list, proof that the
game too place or is abo/t to tae place is
not necessary. G/ch a list nat/rally
pertains to the game of 6/eteng and the
acc/sed -o/ld not eep it in his possession
b/t for its connection -ith s/ch game of
6/eteng.
B/t proof to the contrary is
necessary -hen the 6/eteng lists pertain to
games played on other dates.
LETTER O3 INSTRUCTIONS NO. 41"
'(at i% exem*te0 2r)m t(e c)5erae )2 P.!.
1"#$,
,he games of domino, bingo, poer -hen not played
-ith +!e cards st/d, c/a6o, pangg/ing/e and
mah6ong, pro!ided that they are played as parlor
games or for home entertainment9 and &ro!ided
I/rther, ,hat they are not played in places habit/ally
/sed for gambling and the betting is not disg/ised to
defeat the intent of &.(.@o. 1610
Article 19". Im*)rtati)n6 %ale an0
*)%%e%%i)n )2 l)tter/ tic-et% )r
a05erti%ement%
Acts p/nishable4
1. Importing into the &hilippines from any
foreign place or port any lottery ticet or
ad!ertisement9 or
0. Gelling or distrib/ting the same in
conni!ance -ith the importer9
;. &ossessing, no-ingly and -ith intent
to /se them, lottery ticets or
ad!ertisements9 or
<. Gelling or distrib/ting the same -itho/t
conni!ance -ith the importer of the same.
,he possession of any lottery
ticet or ad!ertisement is prima facie
e!idence of an intent to sell, distrib/te or
/se the same in the &hilippines.
J/st lottery ticets be
gen/ine? ,here are t-o !ie-s4
o K%G. It is not
necessary that the ticets be gen/ine,
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as it is eno/gh that they be gi!en the
appearance of lottery ticets
o @O. If lottery ticets
are co/nterfeit, they cannot gi!e rise to
the e!il so/ght to be eradicated.
Article 197. Bettin in %*)rt% c)nte%t% 8
REPEALE! B9 P! :4;
P! :4;
Penali<in Bettin6 Game=>xin )r P)int
S(a5in in S*)rt% C)nte%t%
SECTION 1. (e+nitions. L Ior p/rposes of this
(ecree, the follo-ing terms shall mean and be
/nderstood to be as here/nder indicated4
a. Betting L betting money or any ob6ect or article
of !al/e or representati!e of !al/e /pon the
res/lt of any game, races and other sports
contest.
b. Game=+2ing L any arrangement, combination,
scheme or agreement by -hich the res/lt of any
game, races or sports contests shall be
predicted andEor no-n other than on the basis
of the honest playing sill or ability of the
players or participants.
c. &oint=sha!ing L any s/ch arrangement,
combination, scheme or agreement by -hich the
sill or ability of any player or participant in a
game, races or sports contests to mae points or
scores shall be limited deliberately in order to
in7/ence the res/lt thereof in fa!or of one or
other team, player or participant therein.
d. Game=machinations L any other fra/d/lent,
deceitf/l, /nfair or dishonest means, method,
manner or practice employed for the p/rpose of
in7/encing the res/lt of any game, races or
sport contest.
SECTION $. Betting, game=+2ing, point=sha!ing or
game machination /nla-f/l. L Game=+2ing, point=
sha!ing, machination, as de+ned in the preceding
section, in connection -ith the games of basetball,
!olleyball, softball, baseball9 chess, bo2ing bo/ts,
M6ai=alaiM, MsipaM, MpelotaM and all other sports
contests, games or races9 as -ell as betting therein
e2cept as may be a/thori8ed by la-, is hereby
declared /nla-f/l.
SECTION ;. &enalty. L Any !iolation of this (ecree,
or of the r/les and reg/lations prom/lgated in
accordance here-ith, shall be p/nished in the
manner follo-ing4
a. >hen the o.ender is an oAcial, s/ch as
promoter, referee, /mpire, 6/dge, or coach in the
game, race or sports contests, or the manager
or sponsor of any participating team, indi!id/al
or player therein, or participants or players in
s/ch games, races or other sports contests, he
shall, /pon con!iction, be p/nished by prision
correccional in its ma2im/m period and a +ne of
0,111 pesos -ith s/bsidiary imprisonment in
case of insol!ency, at the discretion of the co/rt.
,his penalty shall also be imposed -hen the
o.enders compose a syndicate of +!e or more
persons.
b. In case of any o.ender, he shall, /pon
con!iction, be p/nished by prision correccional
in its medi/m period and a +ne of 1,111 pesos
-ith s/bsidiary imprisonment in case of
insol!ency at the discretion of the co/rt.
c. >hen the o.ender is an oAcial or employee of
any go!ernment oAce or agency concerned -ith
the enforcement or administration of la-s and
reg/lations on sports the penalty pro!ided for in
the preceding Gection ; a small be imposed. In
addition, he shall be disB/ali+ed from holding
any p/blic oAce or employment for life. If he is
an alien, he may be deported.
Article 194. Illeal Bettin )n ()r%e race%
Acts p/nishable4
1. Betting on horse races d/ring periods not
allo-ed by la-9
0. Jaintaining or employing a totali8er or
other de!ice or scheme for betting on
races or reali8ing pro+t therefrom d/ring
the periods not allo-ed by la-.
>hen horse races not allo-ed
1. H/ly < #$ep/blic Act @o. 1;")9
0. (ecember ;1 #$ep/blic Act @o. 009)9
;. Any registration or !oting days #$ep/blic
Act @o. 1*1, $e!ised %lection Code)9 and
<. Noly ,h/rsday and Good Iriday #$ep/blic
Act @o. 9<6).
A totali8er is a machine for registering and
indicating the n/mber and nat/re of bets
made on horse races. ,he penalty is
higher -hen this de!ise is employed.
Any race held on the same day and at the
same place shall be held p/nishable as a
separate o.ense.
If the !iolation is committed by any
partnership, corporation, or association,
the president and the directors or
managers shall be deemed to be principals
in the o.ense if they ha!e consented to or
no-ingly tolerated its commission.
Norse races may be carried on at any time
or place, and pri8es or gifts may be o.ered,
gi!en or paid, to the -inner in said races,
pro!ided it is not accompanied by any
betting, or the /se of totali8er or other
de!ices for betting money on horse races.
Article 199. Illeal c)c->(tin
Acts p/nishable4
1. (irectly or indirectly participating in
coc+ghts, by betting money or other
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!al/able things, or organi8ing coc+ghts at
-hich bets are made, on a day other than
those permitted by la-9
0. (irectly or indirectly participating in
coc+ghts, by betting money or other
!al/able things, or organi8ing s/ch
coc+ghts, at a place other than a licensed
cocpit.
P.!. ::9
C)c->(tin La. )2 197:
SECTION :. (e+nition of ,erms. L
#b) Coc+ghting L shall embrace and mean the
commonly no-n game or term Mcoc+ghting
derby, pintaasi or t/padaM, or its eB/i!alent
terms in di.erent &hilippine localities.
#c) Ooning 'a- or Ordinance L %ither both national
or local city or m/nicipal legislation -hich
logically arranges, prescribes, de+nes and
apportions a gi!en political s/bdi!ision into
speci+c land /ses as present and f/t/re
pro6ection of needs -arrant.
#d) Bet ,aer or &romoter L A person -ho calls and
taes care of bets from o-ners of both
gamecocs and those of other bettors before he
orders commencement of the coc+ght and
thereafter distrib/tes -on bets to the -inners
after ded/cting a certain commission.
#e) Ga.er #,aga ,ari) L A person no-ledgeable in
the art of arming +ghting cocs -ith ga. or ga.s
on either or both legs.
#f) $eferee #Gentenciador) L A person -ho -atches
and o!ersees the proper gaAng of +ghting
cocs, determines the physical condition of
+ghting cocs -hile coc+ghting is in progress,
the in6/ries s/stained by the cocs and their
capability to contin/e +ghting and decides and
mae no-n his decision by -or or gest/res
and res/lt of the coc+ght by anno/ncing the
-inner or declaring a tie or no contest game.
#g) Bettor L A person -ho participates in coc+ghts
and -ith the /se of money or other things of
!al/e, bets -ith other bettors or thro/gh the bet
taer or promoter and -ins or loses his bet
depending /pon the res/lt of the coc+ght as
anno/nced by the $eferee or Gentenciador. Ne
may be the o-ner of +ghting coc.
SECTION 5. Cocpits and Coc+ghting4 In General.
L
#a) O-nership, Operation and Janagement of
Cocpits. L Only Iilipino citi8ens not other-ise
inhibited by e2isting la-s shall be allo-ed to
o-n, manage and operate cocpits. Cooperati!e
capitali8ation is enco/raged.
#b) %stablishment of Cocpits. L Only one cocpit
shall be allo-ed in each city or m/nicipality,
e2cept that in cities or m/nicipalities -ith a
pop/lation of o!er one h/ndred tho/sand, t-o
cocpits may be established, maintained and
operated.
#c) Cocpits Gite and Constr/ction. L Cocpits shall
be constr/cted and operated -ithin the
appropriate areas as prescribed in Ooning 'a- or
Ordinance. In the absence of s/ch la- or
ordinance, the local e2ec/ti!es shall see to it
that no cocpits are constr/cted -ithin or near
e2isting residential or commercial areas,
hospitals, school b/ildings, ch/rches or other
p/blic b/ildings. O-ners, lessees, or operators of
cocpits -hich are no- in e2istence and do not
conform to this reB/irement are gi!en three
years from the date of e.ecti!ity of this (ecree
to comply here-ith. 222
#d) Nolding of Coc+ghts. L %2cept as pro!ided in
this (ecree, coc+ghting shall be allo-ed only in
licensed cocpits d/ring G/ndays and legal
holidays and d/ring local +estas for not more
than three days. It may also be held d/ring
pro!incial, city or m/nicipal, agric/lt/ral,
commercial or ind/strial fair, carni!al or
e2position for a similar period of three days /pon
resol/tion of the pro!ince, city or m/nicipality
-here s/ch fair, carni!al or e2position is to be
held, s/b6ect to the appro!al of the Chief of
Constab/lary or his a/thori8ed representati!e4
&ro!ided, that, no coc+ghting on the occasion
of s/ch fair, carni!al or e2position shall be
allo-ed -ithin the month of a local +esta or for
more than t-o occasions a year in the same city
or m/nicipality4 &ro!ided, f/rther, that no
coc+ghting shall be held on (ecember ;1 #$i8al
(ay), H/ne 10 #&hilippine Independence (ay),
@o!ember ;1 #@ational Neroes (ay), Noly
,h/rsday, Good Iriday, %lection or $eferend/m
(ay and d/ring $egistration (ays for s/ch
election or referend/m.
#e) Coc+ghting for %ntertainment of ,o/rists or for
Charitable &/rposes. L G/b6ect to the preceding
s/bsection hereof, the Chief Constab/lary or his
a/thori8ed representati!e may also allo- the
holding of coc+ghting for the entertainment of
foreign dignitaries or for to/rists, or for ret/rning
Iilipinos, commonly no-n as MBalibayanM, or
for the s/pport of national f/nd=raising
campaigns for charitable p/rposes as may be
a/thori8ed by the OAce of the &resident, /pon
resol/tion of a pro!incial board, city or m/nicipal
co/ncil, in licensed cocpits or in playgro/nds or
pars4 &ro!ided, that this pri!ilege shall be
e2tended for only one time, for a period not
e2ceeding three days, -ithin a year to a
pro!ince, city, or m/nicipality.
#f) Other games d/ring coc+ghts prescribed. L @o
gambling of any ind shall be permitted on the
premises of the cocpit or place of coc+ghting
d/ring coc+ghts. ,he o-ner, manager or lessee
of s/ch cocpit and the !iolators of this
in6/nction shall be criminally liable /nder Gection
* hereof.
SECTION 7. Coc+ghting OAcials. L Ga.ers,
referees or bet taers or promoters shall not act as
s/ch in any coc+ght herein a/thori8ed, -itho/t +rst
sec/ring a license rene-able e!ery year on their
birth month from the city or m/nicipality -here s/ch
coc+ghting is held. Cities and m/nicipalities may
charge a ta2 of not more than &01. Only licensed
ga.ers, referees, bet taers or promoters shall
oAciate in all inds of coc+ghting a/thori8ed in this
(ecree.
SECTION 4. &enal &ro!isions. L Any !iolation of the
pro!isions of this (ecree and of the r/les and
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reg/lations prom/lgated by the Chief of Constab/lary
p/rs/ant thereto shall be p/nished as follo-s4
a. By prision correccional in its ma2im/m period
and a +ne of t-o tho/sand pesos, -ith
s/bsidiary imprisonment in case of insol!ency,
-hen the o.ender is the +nancier, o-ner,
manger or operator of a cocpit, or the ga.er,
referee or bet taer in coc+ghts9 or the o.ender
is g/ilty of allo-ing, promoting or participating in
any other ind of gambling in the premises of
cocpits d/ring coc+ghts.
b. By prision correccional or a +ne of not less than
&611 nor more than &0,111 or both, s/ch
imprisonment and +ne at the discretion of the
co/rt, -ith s/bsidiary imprisonment in case of
insol!ency, in case of any other o.ender.
&ermitting gambling of any
ind in cocpit is p/nished /nder &( <<9.
,he decree does not p/nish a
person attending as a spectator in a
coc+ght. ,o be liable, he m/st participate
in the coc+ght as a bettor.
Article $##. Gra5e Scan0al
%lements4
1. O.ender performs an act or acts9
0. G/ch act or acts be highly scandalo/s
as o.ending against decency or good
c/stoms9
;. ,he highly scandalo/s cond/ct is not
e2pressly falling -ithin any other article of
this Code9 and
<. ,he act or acts complained of be
committed in a p/blic place or -ithin the
p/blic no-ledge or !ie-.
Gra!e scandal consists of acts
-hich are o.ensi!e to decency and good
c/stoms -hich, ha!ing been committed
p/blicly, ha!e gi!en rise to p/blic scandal
to persons -ho ha!e accidentally
-itnessed the same.
(ecency means propriety of
cond/ct9 proper obser!ance of the
reB/irements of modesty, good taste etc.
C/stoms means established
/sage, social con!entions carried on by
tradition and enforced by social disappro!al
of any !iolation thereof.
,he acts m/st be those that
can ca/se p/blic scandal among the
persons -itnessing them.
If the act or acts of the o.ender
are p/nished /nder article of the $&C, this
article is not applicable.
,he acts m/st be performed in
a p/blic place or -ithin the p/blic
no-ledge or !ie-.
>hen the acts -ere performed
in a pri!ate ho/se and seen by one person,
the crime -as not committed.
Article $#1. Imm)ral 0)ctrine%6 )b%cene
*+blicati)n% an0 ex(ibiti)n%6 an0
in0ecent %().%
Acts p/nishable4
1. ,hose -ho shall p/blicly e2po/nd or
proclaim doctrines openly contrary to
p/blic morals9
0. #a) ,he a/thors of obscene literat/re,
p/blished -ith their no-ledge in any
form, the editors p/blishing s/ch literat/re9
and the o-nersEoperators of the
establishment selling the same9
#b) ,hose -ho, in theaters, fairs,
cinematographs, or any other place, e2hibit
indecent or immoral plays, scenes, acts, or
sho-s, it being /nderstood that the
obscene literat/re or indecent or immoral
plays, scenes, acts or sho-s, -hether li!e
or in +lm, -hich are proscribed by !irt/e
hereof, shall incl/de those -hich4 #1)
glorify criminals or condone crimes9 #0)
ser!e no other p/rpose b/t to satisfy the
maret for !iolence, l/st or pornography9
#;) o.end any race, or religion9 #<) tend to
abet traAc in and /se of prohibited dr/gs9
and #5) are contrary to la-, p/blic order,
morals, good c/stoms, established policies,
la-f/l orders, decrees and edicts9 and
;. ,hose -ho shall sell, gi!e a-ay, or
e2hibit +lms, prints, engra!ings, sc/lpt/res,
or literat/re -hich are o.ensi!e to morals.
&/rpose of the la-4 to protect
the morals of the p/blic..
,his o.ense in any of the forms
mentioned in the article is committed only
-hen there is p/blicity.
Popenly contrary to p/blic
moralsQ 5 the -ord moral implies
conformity -ith the generally accepted
standards of goodness or rightness in
cond/ct or character, sometimes
speci+cally, to se2/al cond/ct.
,he a/thor of obscene
literat/re is liable only -hen it is p/blish
-ith his no-ledge. Obscene means
o.ensi!e to chastity, decency or delicacy.
,est of obscenity4 -hether the
tendency of the matter charged as
obscene, is to depra!e or corr/pt those
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-hose minds are open to s/ch immoral
in7/ences, and into -hose hands s/ch a
p/blication may fall and also -hether or
not s/ch p/blication or act shocs the
ordinary and common sense of men as an
indecency.
Jere n/dity in pict/res or
paintings, not an obscenity. As regards
n/de pict/res, the proper test is the moti!e
of the pict/re, as indicated by it, is p/re or
imp/re9 or -hether it is nat/rally calc/lated
to e2cite imp/re imaginations.
,he term Pgi!e a-ayQ
necessarily incl/de the act of e2hibiting
obscene pict/res or literat/re, beca/se
-hen one gi!es a-ay obscene pict/res or
literat/re, he has the intention and p/rpose
of e2hibiting or sho-ing the same to the
recipient.
&ict/res -ith slight degree of
obscenity, not /sed for artQs sae b/t for
commercial p/rposes, fall /nder this
article.
(isposition of prohibited
articles4
o Fpon con!iction of
the o.ender 5 forfeited in fa!o/r of the
go!ernment, to be destroyed
o >hen o.ender is
acB/itted 5 forfeited in fa!o/r of the
go!ernment to be destroyed, after
forfeit/re proceedings are cond/cted
by Chief of Constab/lary #&@&)
o &erson aggrie!ed
may appeal the forfeit/re action to the
Gecretary of @ational (efense for
re!ie-.
In case the o.ender is a
go!ernment oAcial or employee -ho
allo-s the !iolations, the penalty is
imposed in the ma2im/m period and the
accessory penalties shall lie-ise be
imposed.
Obscene p/blications and
indecent sho-s /nder $A "611 #please
refer to e2ploitation of minors, ,itle @ine)
People vs. Kottinger
Postcards of non-Christians inhabitants of the Philippines in
their native dress were questioned to be obscene.
HELD: The SC said that the postcards were not obscene
because the areate !ud"ent of the co""unit#$ and the
"oral sense of the people were not shoc%ed b# those
pictures. The# were not offensive to chastit# but "erel#
depicted persons as the# actuall# lived.
People vs. Aparici
& case about a irl dancin hula-hula in the theater "a%in
the audience of "ales shout 'sie "una$ sie$
na%a%alibo()
HELD: The SC decided that the dance was i""oral and
indecent usin the reaction of the public as the aue in
the deter"ination of indecenc#.
People vs. Padan
This is a case about a 'live show* done in Tondo.
HELD: SC said that an actual e+hibition of se+ual act can
have no redee"in feature- no roo" for art. Therefore$ it
is a clear and un"itiated obscenit#. The e+hibition was an
offense to public "orals.
Article $#$. ?arant% an0 *r)%tit+te%
>ho are !agrants4
1. Any person ha!ing no apparent means of
s/bsistence, -ho has the physical ability to
-or and -ho neglects to apply himself or
herself to some la-f/l calling9
0. Any person fo/nd loitering abo/t p/blic or
semi=p/blic b/ildings or places or trampling
or -andering abo/t the co/ntry or the
streets -itho/t !isible means of s/pport9
;. Any idle or dissol/te person -ho ledges in
ho/ses of ill fame9
<. $/Aans or pimps and those -ho habit/ally
associate -ith prostit/tes9
5. Any person -ho, not being incl/ded in the
pro!isions of other articles of this Code,
shall be fo/nd loitering in any inhabited or
/ninhabited place belonging to another
-itho/t any la-f/l or 6/sti+able p/rpose9
6. &rostit/tes, -ho are -omen -ho, for
money or pro+t, habit/ally ind/lge in
se2/al interco/rse or lasci!io/s cond/ct.
Absence of !isible means of s/pport is an
essential element of !agrancy only /nder
the +rst and second types.
'oitering aro/nd saloons and gambling
ho/ses is !agrancy only -hen there is
e!idence of absence of !isible means of
s/pport.
3agrants /nder the third and fo/rth type4
o (issol/te means la2,
/nrestrained or immoral.
o Jaintainer of prostit/tion
ho/se may be p/nished /nder this
article.
o $/Aans are br/tal, !iolent
la-less persons.
o A pimp is one -ho pro!ides
grati+cation for the l/st of others.
&rostit/tes are -omen -ho NABI,FA''K
ind/lge in se2/al interco/rse or lasci!io/s
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cond/ct, for money or pro+t.
P.D. 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 bein as a means of !i"in.
Those enumerated in section 4, who are not
considered mendicants, are the following:
! Any infant or child " years old and below
who is found begging or is being utili#ed by a
mendicant for purposes of begging
$! Any minor over % years of age under &
found begging or is being utili#ed for purposes of
begging, and who acted with or without
discernment
'! Any person who is found begging and who
is physically or mentally incapable of gainful
occupation
Who a#e $unishab!e?
! A mendicant shall, upon conviction, be
punished by a fine not exceeding (&))!)) or by
imprisonment for a period not exceeding $ years
or both at the discretion of the court!
$! A habitua! mendicant (one who has been
convicted of mendicancy under this law two or
more times) shall be punished by a fine not
exceeding (,)))!)) or by imprisonment for a
period not exceeding 4 years or both at the
discretion of the court!
'! Pa#ents of e%$!oited infants o# mino#s
(those enumerated under section 4) are
punishable under (!*! +)', unless they are
themselves mendicants!
4! Any $e#son who abets mendicancy by
giving alms directly to mendicants, exploited
infants and minors on public roads, sidewalks,
parks and bridges shall be punished by a fine
nor exceeding ($)!))!
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