MODULE: Criminal Law: Book II

Chapter VI
Crimes Against
Public Morals

At the end of this chapter the student should be able to:

• Understand the Specific crimes and their elements

• Recognize crimes against Public Morals

Grave Scandal (Article 200)

The elements of grave scandal are: (1) That the offender performs an act
or acts; (2) That such act or acts be highly scandalous as offending against
decency or good customs;; (3) That the highly scandalous is not expressly
falling within any other article of the code; (4) That the act or acts complained
of be committed in a public place or within the public view. (US v. Samaniego, 16
Phil. 663, cited in Reyes, The Revised Penal Code: Criminal Law, Book Two
[18th Edition, 2012], p. 358)

The felony must have been committed publicly

and have given rise to public scandal to persons
who have incidentally witnessed the same. (US v.
Jose Catajay, 6 Phil. 398)

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MODULE: Criminal Law: Book II
Immoral Doctrines, Obscene Publications and Exhibitions and Indecent Shows
(Article 201)

The persons liable under Article 201 are: (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
establishments 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, scene, 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) are contrary to law, public order,
morals, good customs, established policies, lawful orders, decrees and edicts;
and (6) those who shall sell, give away, or exhibit films, prints, engravings,
sculptures, or literature which are offensive to morals.

To be held liable under Article 201 of the Revised Penal Code, the
prosecution must prove that: (a) That the materials, publication, picture or
literature are obscene; and (b) That the offender sold, exhibited, published or
gave away such materials. (Fernando v. CA, G.R. No. 159751, December 6,
2006)

The word “obscene” and the term “obscenity”

may be defined as meaning something offensive
to chastity, decency or delicacy. (People v.
Kottinger, 45 Phil. 352)

Reference:
The Revised Penal Code: Book II
Specific Crimes and Their Elements
Atty. Victor T. Tulalian

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