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TITLE 6

CRIMES AGAINST PUBLIC MORALS

Chapter One. Gambling and Betting * The elements of Grave Scandal was asked in
the 1996 Bar Exam
Articles 195-196 have been repealed and
modified by PD Nos 449, 483 and 1602. Articles *Essence of Grave Scandal is publicity and that
197-199 has been repealed and modified by PD the acts committed are not only contrary to
483 and PD 449. morals and good customs but be of such
character as to cause public scandal to those
Gambling Laws Explained witnessing it (2013 BAR).

Presidential Decree No. 1602 (1978) Article 201. Immoral Doctrines, Obscene
PD 1602 creates harsher penalties for illegal Publictions and Exhibitions and Indecent
gambling activities. In 2004, Republic Act 9287 Shows - As Amended by PD 969
also amended certain provisions of PD 1602
increasing the penalty for illegal number Note: Publicity is an essential element of the
games and its implementing rules. offense. Mere possession of obscene materials
without intention to sell, exhibit, to give away is
PD 483 ecognizes that sports and games
not punishable under A. 201, considering the
should be won or lost because of the skill or
ability of the players—if anyone manipulates the purpose of the law is to prohibit the
game such that the result is predetermined, then dissemination of obscene materials to the public.
that’s game-fixing. P.D. 483 also criminalizes
point-shaving and game machination. Point- U.S. vs Kottinger, 45 Phil 352
shaving is similar to game-fixing, except that the
intent of the schemes is to deliberately limit ISSUE Whether or not pictures portraying the
points or scores to influence the result of game.  inhabitants of the country in native dress and as
they appear and can be seen in the regions in
Tayson and Gianan vs People of the which they live, are absence or indecent.
Philippines
RULING We hold that pictures portraying the
ISSUE The main issue in this case is whether inhabitants of the country in native dress and as
the petitioners' conviction for violation of RA
9287 as collector or agent under Section 3(c) for they appear and can be seen in the regions in
Villamor, and as coordinator, controller, or which they live, are not obscene or indecent
supervisor under Section 3(d) for Bonaobra, within the meaning of the Libel Law.
should be upheld.
TEST OF OBSCENITY. The test is whether the
RULING the prosecution failed to clearly tendency of the matter charges as obscene is to
establish the acts that constitute the offense of deprave or corrupt those whose minds are open
illegal gambling as a collector or an agent, and to such immoral influences and also whether or
as a coordinator, controller, or supervisor. The
not such publication shocks the ordinary and
prosecution merely relied on the alleged illegal
gambling paraphernalia found and confiscated common sense of men as an indecency.
inside the house of Bonaobra and not on the
specific overt acts that constitute the offense. Article 202 as amended by RA 10158 (An Act
Decriminalizing Vagrancy)

PD 449 or Cockfighting Law of 1974. PD 449 RA10158 decriminalized vagrancy. All pending
bans cockfighting on Rizal Day, National Heroes cases in vagrancy were dismissed and all those
Day, Independence Day, Holy Thursday, Holy serving sentence for vagrancy were released
Friday, Election Day or Referendum Day and upon effectivity of the law.
during Registration Days for such election or
referendum. The law states that cockfights can PEOPLE OF THE PHILIPPINES vs
only be held on Sundays, legal holidays, local EVANGELINE SITON y SACIL and KRYSTEL
fiestas, agricultural, commercial and industrial KATE SAGARANO y MEFANIA
fairs, carnivals, and expositions.
Article 202 (2) does not violate the equal
RICARDO L. COOTAUCO 
vs. THE HON. COURT OF APPsEALS protection clause; neither does it discriminate
against the poor and the unemployed. Offenders
The courts have no authority to grant or cancel of public order laws are punished not for their
permits to operate cockpits duly issued by the status, as for being poor or unemployed, but for
municipal or city mayors with the approval of the conducting themselves under such
PC provincial commander. Under P.D. No. 449, circumstances as to endanger the public peace
the power to approve or disapprove the or cause alarm and apprehension in the
issuance of cockpit licenses by the city and community. Being poor or unemployed is not a
municipal mayors was reposed in the Chief of
license or a justification to act indecently or to
the Philippine Constabulary.
engage in immoral conduct.
Chapter Two. Offenses against Decency and
Good Customs

Article 200. GRAVE SCANDAL

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