Module 6:

CRIMES AGAINST
PUBLIC MORALS
__________________________
Name of Student

Reynaldo M. Esmeralda, RC, MSCrim, LLB/JD

Subject Teacher

MODULE 6

CRIMES AGAINST PUBLIC MORALS

INTRODUCTION
 This module will discuss about the crime against public morals define and penalized by Act No.
3815, otherwise known as the Revised Penal Code of the Philippines. It is divided into two GAMBLING
AND BETTING (Article 195-199) and OFFENSES AGAINST DECENCY AND GOOD CUSTOM (Article
200-202). This chapter will cover also Presidential Decree NO. 1602 (Act Simplifying and Providing
Stiffer Penalties for Violations of Philippine Gambling Laws, Presidential Decree No. 483 (Betting,
Game-fixing or Point-shaving and Machinations in Sport Contests), Presidential Decree No. 449 (The
Cockfighting Law of 1974), Presidential Decree No. 1563 (Mendicancy Law of 1978) and Republic Act
No. 10158 (An Act Decriminalizing Vagrancy, Amending for this purpose Article 202 of Act No. 3815,
as Amended, Otherwise Known as the Revised Penal Code.

LEARNING OBJECTIVES

General Objectives

At the end of the lesson, students should be able to:

1. identify and define all crimes against public morals;
2. enumerate all the elements or essential requisites of each crimes against public morals;
3. determine who are liable and conceptualize how the crimes against morals order is committed;
4. give example of each of the crimes against public morals; and
5. apply what they learn in actual cases.

Specific Objectives
At the end of the lesson, students should be able to:
1. define gambling and how it differ to lottery;
2. define and differentiates Betting, Game-fixing , Point-shaving and Machinations from each
other’s;
3. enumerate games that may constitute gambling;
4. enumerate the acts punished in illegal betting on horse race and know when horse races not
allowed;
5. discuss the rules and limitations provided in cockfighting law of 1974;
6. know when cockfighting is allowed;
7. define grave scandal and differentiates it with alarms and scandal;
8. know the difference between decency and custom;
9. know the difference between grave sandal committed in public place and grave scandal
committed within public knowledge;
10. know what is immoral doctrines, obscene publications and exhibitions;
11. define what is prostitution and when it is committed;
12. discuss the relevant of Presidential Decree NO. 1602, Presidential Decree No. 483, Presidential
Decree No. 449, Presidential Decree No. 1563 and Republic Act No. 10158

LEARNING CONTENTS

CRIMES AGAINST PUBLIC MORALS

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); and
8. Vagrancy and prostitution (Art. 202).
GAMBLING AND BETTING (Article 195-199)

Gambling becomes a form of recreation to some people, but when there is money involved, it's going
to be a different story. A person who is caught committing crimes against public morals such as
gambling, betting and cockfighting will be fined or even be sent to prison depending on the gravity of
the crime. Here are the details of the law:

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.

What is gambling?
It is a game or device or method, the result of which depends wholly or chiefly upon chance or
hazard. So, if the game depends wholly upon skill or ability of the players, there is no gambling.
Pinball machines or slot machines are considered gambling devices because the result depends
upon chance or hazard.

What is lottery?
It is a scheme for the distribution of prizes by chance among persons who have paid, or
agreed to pay, a valuable consideration for a chance to obtain a prize. (US vs. Filart, et al., 30 Phil.
80)

Games that may constitute gambling:

1. Any game or scheme the result of which depends wholly or chiefly upon chance or hazard and
wherein wagers consisting of money, articles or value, or representative of value are made.

2. Any other mechanical invention or contrivance to determine by chance the loser or winner of
money or any object or representative of value.

Game of chance is that which depends more on chance or hazard than on skill or ability. (Art. 2013,
Civil Code) A mere bystander or spectator in a gambling game is not criminally liable. The law does
not make it an offense to be present in a gambling house. (US v. Palma, 4 Phil. 547)

Under PD 519, the operation, possession, use and importation of pinball and slot machines and other
similar devices and paraphernalia used for their operation is declared unlawful.

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

Article 197. Betting in Sport 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.

Acts Punishable:
1. Betting: Betting money or any object or article of value of representative value upon the
result of any game, races and other sports contests.
2. Game-fixing: any arrangement, combination, scheme or agreement by which the result of
any game, races, or sports contests shall be predicated and/or known other than on the basis
of the honest playing skill or ability of the players or participants.

3. Point-shaving: any such arrangement combination, scheme or agreement by which the skill
or ability of any player or participant in a fame, races, or sports contests to make points of
scores shall be limited deliberately in order to influence the result thereof in favor of one or
other team, player or participant.
4. Game Machination: any other fraudulent, deceitful, unfair or dishonest means, method,
manner or practice employed for the purpose of influencing the result of any game, races or
sports contest.

PRESIDENTIAL DECREE No. 483

PENALIZING BETTING, GAME-FIXING OR POINT SHAVING AND MACHINATIONS IN SPORTS
CONTESTS
WHEREAS, the evil that is gambling has again shown its ugly head in the recently-discovered game-
fixing or point- shaving scandals during sports contests;
WHEREAS, one of the objectives of the New Society is the development and promotion of desirable
moral and cultural values;
WHEREAS, there is urgent need to protect one youth and sports programs and the morality of our
society, especially the youth, from the eroding influence of unscrupulous persons who, through
fraudulent schemes of game-fixing or point-shaving and other machinations, have made basketball
and other sports contests, games and races their media of subverting the aims and goals of true
Philippine sportsmanship;
NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me by the
Constitution, and pursuant to Proclamations No. 1081, dated September 21, 1972 and No. 1104,
dated January 17, 1973; and General Order No. 1, dated September 22, 1972, do hereby order and
decree that the following shall be part of the law of the land:
Section 1. Definitions. For purposes of this Decree, the following terms shall mean and be
understood to be as hereunder indicated:
 a. Betting money or any object or article of value or representative of value upon the result of
any game, races and other sports contest.
b. Game-fixing any arrangement, combination, scheme or agreement by which the result of
any game, races or sports contests shall be predicted and/or known other than on the basis of
the honest playing skill or ability of the players or participants.
c. Point-shaving any such arrangement, combination, scheme or agreement by which the skill
or 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 of one or
other team, player or participant therein.
d. Game-machinations any other fraudulent, deceitful, unfair or dishonest means, method,
manner or practice employed for the purpose of influencing the result of any game, races or
sport contest.
Section 2. Betting, game-fixing, point-shaving or game machination unlawful. Game-fixing, point-
shaving, machination, as defined in the preceding section, in connection with the games of
basketball, volleyball, softball, baseball; chess, boxing bouts, "jai-alai", "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.
Section 3. Penalty. Any violation of this Decree, or of the rules and regulations promulgated in
accordance herewith, shall be punished in the manner following:
a. When the offender is an official, such as promoter, referee, umpire, judge, or coach in the
game, race or sports contests, or the manager or sponsor of any participating team, individual
or player therein, or participants or players in such games, races or other sports contests, he
shall, upon conviction, be punished by prision correccional in its maximum period and a fine of
2,000 pesos with subsidiary imprisonment in case of insolvency, at the discretion of the court.
This penalty shall also be imposed when the offenders compose a syndicate of five or more
persons.
b. In case of any offender, he shall, upon conviction, be punished by prision correccional in its
medium period and a fine of 1,000 pesos with subsidiary imprisonment in case of insolvency at
the discretion of the court.
c. When the offender is an official or employee of any government office or agency concerned
with the enforcement or administration of laws and regulations on sports the penalty provided
for in the preceding Section 3 a small be imposed. In addition, he shall be disqualified from
holding any public office or employment for life. If he is an alien, he may be deported.
Section 4. Clearance for arrest, detention or prosecution. No person who voluntarily discloses or
denounces to the President of the Philippine Amateur Athletic Federation or to the National Sports
Associations concerned and/or to any law enforcement/police authority any of the acts penalized by
this Decree shall be arrested, detained and/or prosecuted except upon prior written clearance from
the President of the Philippines and/or of the Secretary of National Defense.
Section 5. Repealing Clause. Article 197 of Act No. 3815, otherwise known as the Revised Penal
Code, as amended, all provisions of decrees, general orders, letters of instructions, laws, executive
orders and rules and regulations which are inconsistent with this Decree are hereby repealed.
Section 6. Effectivity. This Decree shall take effect immediately upon publication thereof by the
Secretary of the Department of Public Information at least once in a newspaper of general circulation.
Approved: June 13, 1974

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.

When horse races not allowed

1. July 4 (Republic Act No. 137);
2. December 30 (Republic Act No. 229);
3. Any registration or voting days (Republic Act No. 180, Revised Election Code); and
4. Holy Thursday and Good Friday (Republic Act No. 946).

Article 199. Illegal Cockfighting

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

a) Only allows one cockpit per municipality, unless the population exceeds 100,000 in which case
two cockpits may be established;
b) Cockfights can only be held in licensed cockpits on Sundays and legal holidays and local fiestas
for not more than three days;
c) Also allowed during provincial, municipal, city, industrial, agricultural fairs, carnivals, or
exposition not more than three days;
d) 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;
e) Only municipal and city mayors are allowed to issue licenses for such.

PD 449 COCKFIGHTING LAW OF 1974

 Scope – This law shall govern the establishment, operation, maintenance and ownership of
cockpits.

Rules:
1. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own, manage
and operated cockpits.
2. Only one cockpit shall be allowed in each city or municipality with a population of 100,000 or
less.
3. Cockpits shall be constructed and operated within the appropriate areas as prescribed in the
Zoning Law or ordinance.

When allowed:
1. Cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays and
during local fiestas for not more than 3 days; or
2. During provincial, city or municipal, agricultural, commercial or industrial fair, carnival or
exposition for a similar period of 3 days upon resolution of the province, city or municipality where
such fair, carnival or exposition is to be held, subject to the approval of the Chief of Constabulary
or his authorized representative.

Limitations:
a. No cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the
month of the local fiesta or for more than 2 occasions a year in the same city of municipality.
b. No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting
during cockfights.
c. City or municipal mayors are authorized to issue licenses for the operation and maintenance of
cockpits.

PRESIDENTIAL DECREE No. 449

COCKFIGHTING LAW OF 1974
WHEREAS, cockfighting has been and still is a popular, traditional and customary form of recreation
and entertainment among Filipinos during legal holidays, local fiestas, agricultural, commercial and
industrial fairs, carnivals or expositions;

WHEREAS, by reason of the aforestated meaning and connotation of cockfighting in relation to filipino
customs and traditions, it should neither be exploited as an object of commercialism or business
enterprise, nor made a tool of uncontrolled gambling, but more as a vehicle for the preservation and
perpetuation of native Filipino heritage and thereby enhance our national identity.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby decree and order to be part of the laws of the land, the
following:

Sec 1. Title. This Decree shall be known as the "Cockfighting Law of 1974".

Section 2. Scope. This law shall govern the establishment, operation, maintenance and ownership of
cockpits.

Section 3. Declaration of Policy. It is hereby declared a policy of the government to insure within the
framework of the New Society maximum development and promotion of wholesome recreation and
amusement to bring about the following goals:

(a) To effectively control and regulate cockfighting towards its establishment as a national recreation,
relaxation and source of entertainment;

(b) To provide additional revenue for our tourism program; and

(c) To remove and prevent excessive and unreasonable business operation and profit considerations
in the management of cockpits and, instead preserve Philippine customs and traditions and thereby
enhance our national identity.

Section 4. Definition of Terms. As used in this law, the following terms shall be understood, applied and
construed as follows:

(a) Cockfighting shall embrace and mean the commonly known game or term "cockfighting derby,
pintakasi or tupada", or its equivalent terms in different Philippine localities.

(b) Zoning Law or Ordinance Either both national or local city or municipal legislation which logically
arranges, prescribes, defines and apportions a given political subdivision into specific land uses as
present and future projection of needs warrant.

(c) Bet Taker of Promoter A person who calls and takes care of bets from owners of both gamecocks
and those of other bettors before he orders commencement of the cockfight and thereafter distributes
won bets to the winners after deducting a certain commission.

(d) Gaffer (Taga Tari) A person knowledgeable in the art of arming fighting cocks with gaff or gaffs on
either or both legs.

(e) Referee (Sentenciador) A person who watches and oversees the proper gaffing of fighting cocks,
determines the physical condition of fighting cocks while cockfighting is in progress, the injuries
sustained by the cocks and their capability to continue fighting and decides and make known his
decision by work or gestures and result of the cockfight by announcing the winner or declaring a tie or
no contest game.

(f) Bettor A person who participates in cockfights and with the use of money or other things of value,
bets with other bettors or through the bet taker or promoter and wins or loses his bet depending upon
the result of the cockfight as announced by the Referee or Sentenciador. He may be the owner of
fighting cock.

Section 5. Cockpits and Cockfighting: In General:

(a) Ownership, Operation and Management of Cockpits. Only Filipino citizens not otherwise inhibited
by existing laws shall be allowed to own, manage and operate cockpits. Cooperative capitalization is
encouraged.

(b) Establishment of Cockpits. Only one cockpit shall be allowed in each city or municipality, except
that in cities or municipalities with a population of over one hundred thousand, two cockpits may be
established, maintained and operated.

(c) Cockpits Site and Construction. Cockpits shall be constructed and operated within the appropriate
areas as prescribed in Zoning Law or Ordinance. In the absence of such law or ordinance, the local
executives shall see to it that no cockpits are constructed within or near existing residential or
commercial areas, hospitals, school buildings, churches or other public buildings. Owners, lessees, or
operators of cockpits which are now in existence and do not conform to this requirement are given three
years from the date of effectivity of this Decree to comply herewith. Approval or issuance of building
permits for the construction of cockpits shall be made by the city or provincial engineer in accordance
with their respective building codes, ordinances or engineering laws and practices.

(d) Holding of Cockfights. Except as provided in this Decree, cockfighting shall be allowed only in
licensed cockpits during Sundays and legal holidays and during local fiestas for not more than three
days. It may also be held during provincial, city or municipal, agricultural, commercial or industrial fair,
carnival or exposition for a similar period of three days upon resolution of the province, city or
municipality where such fair, carnival or exposition is to be held, subject to the approval of the Chief of
Constabulary or his authorized representative: Provided, that, no cockfighting on the occasion of such
fair, carnival or exposition shall be allowed within the month of a local fiesta or for more than two
occasions a year in the same city or municipality: Provided, further, that no cockfighting shall be held
on December 30 (Rizal Day), June 12 (Philippine Independence Day) November 30 (National Heroes
Day), Holy Thursday, Good Friday, Election or Referendum Day and during Registration Days for such
election or referendum.

(e) Cockfighting for Entertainment of Tourists or for Charitable Purposes. Subject to the preceding
subsection hereof, the Chief Constabulary or his authorized representative may also allow the holding
of cockfighting for the entertainment of foreign dignitaries or for tourists, or for returning Filipinos,
commonly known as "Balikbayan", or for the support of national fund-raising campaigns for charitable
purposes as may be authorized by the Office of the President, upon resolution of a provincial board,
city or municipal council, in licensed cockpits or in playgrounds or parks: Provided, that this privilege
shall be extended for only one time, for a period not exceeding three days, within a year to a province,
city, or municipality.

(f) Other games during cockfights prescribed. No gambling of any kind shall be permitted on the
premises of the cockpit or place of cockfighting during cockfights. The owner, manager or lessee off
such cockpit and the violators of this injunction shall be criminally liable under Section 8 hereof.
Section 6. Licensing of Cockpits. City and municipal mayors are authorized to issue licenses for the
operation and maintenance of cockpits subject to the approval of the Chief of Constabulary or his
authorized representatives. For this purpose, ordinances may be promulgated for the imposition and
collection of taxes and fees not exceeding the rates fixed under Section 13, paragraphs (a) and (b);
and 19; paragraph (g) 16 of Presidential Decree No. 231, dated June 28, 1973, otherwise known as
the Local Tax Code, as amended.

Section 7. Cockfighting Officials. Gaffers, referees or bet takers or promoters shall not act as such in
any cockfight herein authorized, without first securing a license renewable every year on their
birthmonth from the city or municipality where such cockfighting is held. Cities and municipalities may
charge a tax of not more than twenty pesos. Only licensed gaffers, referees, bet takers or promoters
shall officiate in all kinds of cockfighting authorized in this Decree.

Section 8. Penal Provisions. Any violation of the provisions of this Decree and of the rules and
regulations promulgated by the Chief of Constabulary pursuant thereto shall be punished as follows:

a. By prision correccional in its maximum period and a fine of two thousand pesos, with subsidiary
imprisonment in case of insolvency, when the offender is the financer, owner, manger or operator of
cockpit, or the gaffer, referee or bet taker in cockfights; or the offender is guilty of allowing, promoting
or participating in any other kind of gambling in the premises of cockfights during cockfights.

b. By prision correccional or a fine of not less than six hundred pesos nor more than two thousand
pesos or both, such imprisonment and fine at the discretion of the court, with subsidiary imprisonment
in case of insolvency, in case of any other offender.

Section 9. Repealing Clause. The provisions of Section 2285 and 2286 of the Revised Penal Code,
Republic Act No. 946, all laws, decrees, rules and regulations, or orders which are inconsistent with
this Decree are hereby repealed or modified accordingly.

Section 10. Date of Effectivity. This Decree shall take effect after fifteen (15) days following the
completion of the publication in the Official Gazette.

Approved: May 9, 1974

Presidential Decree No. 1602 (Simplifying and Providing Stiffer Penalties for Violations of
Philippine Gambling Laws)

Section 1. Violations and Penalties. -- The penalty of prision mayor in its medium degree or a
fine ranging from Five Hundred Pesos to Two Thousand Pesos and in case of recidivism the penalty
of prision correccional in its medium degree or a fine of ranging from One Thousand Pesos to Six
Thousand Pesos shall be imposed upon:
(a) Any person other than those referred to in the succeeding subsection who in any manner,
shall directly or indirectly take part in any game of cockfighting, jueteng, bookies (jai- alai or horse racing
to include game fixing) and other lotteries, cara y cruz or pompiang and the like, black jack, lucky nine,
“pusoy” or Russian Poker, monte, baccarat and other card games, palk que, domino, mahjong, high
and low, slot machines, roulette, pinball and other mechanical inventories or devices, dog racing, boat
racing, car raising and other races, basketball, volleyball, boxing, seven-eleven dice games and the
like and other contests to include game fixing, point shaving and other machinations banking or
percentage game, or any other game or scheme, whether upon chance or skill, which do not have a
franchise from the national government, wherein wagers consisting of money, articles of value of
representative of value are made;
 (b) Any person who shall knowingly permit any form of gambling referred to in the preceding
subdivision to be carried on in inhabited or uninhabited places or any building, vessel or other means
of transportation owned or controlled by him. If the place where gambling is carried on has a reputation
of a gambling place or that prohibited gambling is frequently carried on therein or the place is a public
or government building or barangay hall, the culprit shall be punished by the penalty provided for in its
maximum period and a fine of Six Thousand Pesos.
The penalty of prision correccional in its maximum degree and a fine of Six Thousand Pesos
shall be imposed upon the maintainer, conductor of the above gambling schemes.
The penalty of prision mayor in its medium degree and temporary absolute disqualification and
a fine of Six Thousand Pesos shall be imposed if the maintainer, conductor or banker is a government
official, or if a player, promoter, referee, umpire, judge or coach in cases of game-fixing, point-shaving
and other game machination.
The penalty of prision correccional in its medium degree and a fine ranging from Five Hundred
pesos to Two Thousand Pesos shall be imposed upon any person who shall knowingly and without
lawful purpose in any hour of any day shall have in his possession any lottery list, paper, or other matter
containing letter, figures, signs or symbols which pertain to or in any manner used in the game of
jueteng, jai-alai or horse racing bookies and similar game or lottery which has taken place or about to
take place.
Section 2. Barangay Official. – Any barangay official in whose jurisdiction such gambling
house is found and which house has the reputation of a gambling place shall suffer the penalty of
prision correccional in its medium period and a fine ranging from Five Hundred to Two Thousand
Pesos and temporary absolute disqualifications.
While the acts under the Revised Penal Code are still punished under the new law, yet the
concept of gambling under it has been changed by the new gambling law.
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.
Any game is considered gambling where there are bets or wagers placed with the hope to win
a prize therefrom.
Under this law, even sports contents like boxing, would be gambling insofar as those who are
betting therein are concerned. Under the old penal code, if the skill of the player outweighs the
chance or hazard involved in winning the game, the game is not considered gambling but a sport.
It was because of this that betting in boxing and basketball games proliferated.
“Unless authorized by a franchise, any form of gambling is illegal.” So said the court in the
recent resolution of the case against the operation of jai-alai.
There are so-called parlor games which have been exempted from the operation of the decree
like when the games are played during a wake to keep the mourners awake at night. Pursuant to a
memorandum circular issued by the Executive Branch, the offshoot of the exemption is the intentional
prolonging of the wake of the dead by gambling lords.
As a general rule, betting or wagering determines whether a game is gambling or not.
Exceptions: These are games which are expressly prohibited even without bets. Monte, jueteng or
any form of lottery; dog races; slot machines; these are habit-forming and addictive to players,
bringing about the pernicious effects to the family and economic life of the players.
Mere possession of lottery tickets or lottery lists is a crime punished also as part of gambling.
However, it is necessary to make a distinction whether a ticket or list refers to a past date or to a
future date.

Illustration:
X was accused one night and found in his possession was a list of jueteng. If the date therein
refers to the past, X cannot be convicted of gambling or illegal possession of lottery list without
proving that such game was indeed played on the date stated. Mere possession is not enough. If the
date refers to the future, X can be convicted by the mere possession with intent to use. This will
already bring about criminal liability and there is no need to prove that the game was played on the
date stated. If the possessor was caught, chances are he will not go on with it anymore.
There are two criteria as to when the lottery is in fact becomes a gambling game:
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, lottery becomes a gambling game. 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 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.

Illustrations:
(1) A certain supermarket wanted to increase its sales and sponsored a lottery where valuable
prices are offered at stake. To defray the cost of the prices offered in the lottery, the
management increased their prices of the merchandise by 10 cents each. Whenever
someone buys from that supermarket, he pays 10 cents more for each merchandise and for
his purchase, he gets a coupon which is to be dropped at designated drop boxes to be raffled
on a certain period.

The increase of the price is to answer for the cost of the valuable prices that will be covered at
stake. The increase in the price is the consideration for the chance to win in the lottery and that
makes the lottery a gambling game.
But if the increase in prices of the articles or commodities was not general, but only on certain
items and the increase in prices is not the same, the fact that a lottery is sponsored does not appear
to be tied up with the increase in prices, therefore not illegal.
Also, in case of manufacturers, you have to determine whether the increase in the price was
due to the lottery or brought about by the normal price increase. If the increase in price is brought
about by the normal price increase [economic factor] that even without the lottery the price would be
like that, there is no consideration in favor of the lottery and the lottery would not amount to a
gambling game.
If the increase in the price is due particularly to the lottery, then the lottery is a gambling game.
And the sponsors thereof may be prosecuted for illegal gambling under Presidential Decree No.
1602.
(2) The merchandise is not really saleable because of its inferior quality. A certain manufacturer,
Bhey Company, manufacture cigarettes which is not saleable because the same is irritating to
the throat, sponsored a lottery and a coupon is inserted in every pack of cigarette so that one
who buys it shall have a chance to participate. Due to the coupons, the public started buying
the cigarette. Although there was no price increase in the cigarettes, the lottery can be
considered a gambling game because the buyers were really after the coupons not the low
quality cigarettes.

If without the lottery or raffle, the public does not patronize the product and starts to patronize
them only after the lottery or raffle, in effect the public is paying for the price not the product.

Under this decree, a barangay captain who is responsible for the existence of gambling dens
in their own locality will be held liable and disqualified from office if he fails to prosecute these
gamblers. But this is not being implemented.

Gambling, of course, is legal when authorized by law.

Fund-raising campaigns are not gambling. They are for charitable purposes but they have to
obtain a permit from Department of Social Welfare and Development. This includes concerts for
causes, Christmas caroling, and the like.
Article 200. Grave Scandal
Grave scandal is committed by any person who shall offend against decency or good customs
by any highly scandalous conduct not constituting other felony.

1. The act, either a physical observable activity or audible noise, both of which scandalizes
those who see or hear them. As for instance the act of engaging in a torrid kissing,
urinating or defecating or going around in scanty attire, or loud obscene sex noises

2. They must be done either: (a) In a public place i.e where people usually go or congregate
such as in parks, movie houses, bazaars, malls. In these places the presence of third
persons is not required. (b) Within public knowledge or public view. This refers to private
houses, rooms, grounds, veranda, but the noises made are so loud or the acts can be
seen by third persons. The third person must not however be a Peeping Tom.

Grave scandal 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. (The Revised Penal Code by Justice Luis Reyes)

 Decency: means properly observing the requirements of modesty, good taste etc.
 Customs: refers to established usage, social conventions carried on by tradition and
enforced by social disapproval in case of violation.

The acts punishable by Art. 200 are those which by their publicity and character can cause
public scandal among the persons witnessing them, besides being contrary to morals and
good customs. (The Revised Penal Code by Justice Luis Reyes citing People vs. Dumlao, CA,
38 O.G. 3715)

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. The highly scandalous conduct should not be expressly falling within
any other article of the RPC. Thus, if the scandalous conduct constitute an act of lasciviousness, even
if committed publicly, the offender should not be prosecuted and punished under Art. 200.

The act must not be punished under any other provision of the Code as this is a crime of last
resort or a catch-all crime.

The scandalous acts affect public morals or sensitivity and have nothing to do with violations
of public peace and tranquility. Thus two persons fighting or shouting at each other in a public
place would constitute Alarm and Scandal. But when these same two persons engage in a strip
tease contest in full view of people, the act would be 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.

Grave Scandal vs. Alarms and Scandal

In grave scandal, the scandal involved refers to moral scandal offensive to decency, although it
does not disturb public peace. But such conduct or act must be open to the public view.
 In alarms and scandals, the scandal involved refers to disturbances of the public tranquility and
not to acts offensive to decency.

It is essential that the acts must be performed in a public place or within the public knowledge
or view. (US vs. Samaniego, G.R. No. L-5115, November 29, 1909) An example of this felony is
when a bold actress wanders about naked in public places without any justifiable reasons.

Distinction should be made as to the place where the offensive act was committed, whether in the
public place or in a private place:
(1) In public place, the criminal liability arises irrespective of whether the immoral act is open to
the public view. In short public view is not required.
(2) When act offensive to decency is done in a private place, public view or public knowledge is
required.
Public view does not require numerous persons. Even if there was only one person who
witnessed the offensive act for as long as the third person was not an intruder, grave scandal is
committed provided the act does not fall under any other crime in the Revised Penal Code.

NOTE: When the acts complained of were committed at night, in a private house, and at a time when
no one was present except the accused, the mistress of the house, and one servant, these
circumstances do not constitute that degree of publicity which is an essential element of the crime. (US
vs. Catajay, G.R. No. 2785. August 23, 1906)

Article 201. Immoral Doctrines, Obscene Publications and Exhibitions and Indecent Shows

The Philippine statute does not attempt to define obscene or indecent pictures, writings, papers or
books. But the words “obscene or indecent” are themselves descriptive. They are common use and
every person of average intelligence understands their meaning. (People v. Koetinger, 45 Phil. 352)
One test of obscenity is that which shocks the ordinary and common sense of men as an indecency.
In determining whether certain pictures and literature are obscene and offensive to morals, the courts
must decide upon the circumstances of the case, according to present-day standards obtaining in this
country. (People v. Chong, 02381, Sept. 24, 1965)

Paragraph 4 punishes the giving away of indecent literature, etc., to the public and not isolated,
casual or occasional act of giving same to a single individual, since the purpose of the law is to
protect public morals and not the morals of a single individual. (People v. Tempongko, 1 CA 317)

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 literatures
which are offensive to morals.

Example of publicly expound or proclaim doctrines openly contrary to public morals: As for instance
advocating polygamy or wife-swapping or killing off the mental/physical retardates to improve the
Filipino race

In reference to Obscene literature:

a). The authors if they had knowledge of the publishing of their works. Thus writing an obscene literature
is not per se punished but if the authors said works to be circulated to any third person, then they
become liable. If the wok is stolen and circulated without their knowledge, they are not liable.

b). The editors publishing such literature

c). The owners/operators of the establishment selling the same

In reference to obscene, indecent, or immoral plays, acts or shows:

a). The persons who exhibit them including the producers, actors, movie house/theater owners

b). These include plays, acts, shows which

(i) glorify criminals or condone crimes

(ii) serve no other purpose but to satisfy the market for violence, lust or pornography

(iii) offend any race or religion

(iv) tend to abet traffic in and sue of prohibited drugs

(v) are contrary to law, public order, morals, good customs, established policies, lawful orders,
decrees and edicts

What is lewd is not necessarily obscene?

Nudity is not by itself obscenity. What then is the test for obscenity? ( i.e that which offends
against chastity, decency or delicacy)

1. Per U.S. vs. Kottinger ( 1923):

a). Tendency to Corrupt Test- whether the matter has a tendency to deprave or corrupt those whose
minds are open to such immoral influence and into whose hands a publication or other article charged
as obscene may fall.

(This test is too subjective and does not offer an objective criterion. A matter may corrupt one person
but may have no effect on another)
b). That which shocks the ordinary and common sense of man as indecency. (This is vague. Moral
values vary according to circumstances of time, place and occasion)

2. (Commercial or profit motive) PP vs. Go Pin ( 1955): In reference to pictures if these were used
not exactly for art’s sake but rather for commercial purposes, the pictures are not entitled to be protected

3. (Impure motive or theme of a picture) per PP. vs. Serrano a Court of Appeals case in l950

4. (Redeeming element) PP vs. Padan (1957) the work must have some redeeming element

5. (If the performance elicits or arouses sexual reactions) as in PP vs. Aparici where the gyrations
and erotic dancing by the woman who was scantily dressed elicited shouts from the audience. This
would apply to strip tease acts or bold shows or live sex acts

6. Gonzales vs. Katigbak (1985) followed the trend in the United States and adopted the test laid
down in the case of Roth vs. California which was later modified in Miller vs. California which set the
following guidelines:

a). Whether the average person, applying contemporary standards, would find that the work taken as
a whole, appeals to prurient interest ( those which are dirty, intended to arouse sexual cravings, things
which have something to do with unsafe or healthy sex).

b). Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically
defined by the applicable law

c). Whether the work lacks serious literary, artistic, political or scientific value

d). QUERRY: Can there be such a thing as “Art for Arts sake”?

(Personal opinion: Any human endeavor, especially in the field of arts must be to uplift or improve man
either materially, spiritually or aesthetically. They must contribute to what is universal, good, and
beautiful)

6. May smut or pornographic materials be seized from vendors in the street? The case of Pita vs. Ct.
of Appeals ( 178 SCRA 362) laid down the following guidelines:

a). The authorities must apply for the issuance of a search warrant from a judge, if in their opinion, an
obscenity rap is in order

b). The authorities must convince the Judge that the materials are obscene and pose a clear and
present danger of an evil substantial enough to warrant state interference and action

c). The Judge must determine on a case-to-case basis if the materials are obscene

d). If in his opinion the Judge finds probable cause he may issue the search warrant

e). The proper criminal case must then be filed in court

Personal Opinion: If the magazines, comics or periodicals, pictures or VCD tapes being sold are
however clearly pornographic, the seller is actually violating Article 201 and hence he may be arrested
in flagranti delicto and the article seized right on the spot. The Pita case should not be made to apply
to situations such as this, or where the vendor or the articles might disappear before the search warrant
is issued. Otherwise the Pita decision would stifle and defeat the intend of the law to prevent and punish
pornography.

D. If a work, such as a movie, has been approved by a government agency for public viewing or reading,
a charge under Article 201 will not prosper

Article 202. Vagrants and Prostitutes; Penalty

Note: this article is already amended by RA No. 10158, decriminalizing vagrancy in the
Philippines.

Vagrants
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;
6. Prostitutes, who are women who, for money or profit, habitually indulge in sexual intercourse or
lascivious conduct.

Prostitutes are women who, for money or profit, habitually indulge in sexual intercourse or lascivious
conduct, are deemed to be prostitutes.

Test of Obscenity: Whether or not the material charged as obscene has the tendency to deprave and
corrupt the minds of those open to the influence thereof, or into whose hands such material may come
to (Kottinger Rule).

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.
Because there is a government body which deliberates whether a certain exhibition, movies and
plays is pornographic or not, if such body approves the work the same should not be charged under
this title. Because of this, the test of obscenity may be obsolete already. If allowed by the Movies and
Television Review and Classification Board (MTRCB), the question is moot and academic.
The law is not concerned with the moral of one person. 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. Third party is there. Performance of one to another
is not.

Illustration:
 A sexy dancing performed for a 90 year old is not obscene anymore even if the dancer strips
naked. But if performed for a 15 year old kid, then it will corrupt the kid’s mind. (Apply Kottinger Rule
here.)
In some instances though, the Supreme Court did not stick to this test. It also considered the
intention of the performer.
In People v. Aparici, the accused was a performer in the defunct Pacific Theatre, a movie house
which opens only at midnight. She was arrested because she was dancing in a “different kind of way.”
She was not really nude. She was wearing some sort of an abbreviated bikini with a flimsy cloth over
it. However, on her waist hung a string with a ball reaching down to her private part so that every time
she gyrates, it arouses the audience when the ball would actually touch her private part. The defense
set up by Aparici was that she should not be criminally liable for as a matter of fact, she is better dressed
than the other dancers. The Supreme Court ruled that it is not only the display of the body that gives it
a depraved meaning but rather the movement of the body coupled with the “tom-tom drums” as
background. Nudity alone is not the real scale. (Reaction Test)
Illustration:
A sidewalk vendor was arrested and prosecuted for violation of Article 201. It appears that the
fellow was selling a ballpen where one who buys the ballpen can peep into the top of the pen and see
a girl dancing in it. He put up the defense that he is not the manufacturer and that he was merely selling
it to earn a living. The fact of selling the ballpen was being done at the expense of public morals. One
does not have to be the manufacturer to be criminally liable. This holds true for those printing or selling
Playboy Magazines.
The common concept of a vagrant is a person who loiters n public places without any visible
means of livelihood and without any lawful purpose.
While this may be the most common form of vagrancy, yet 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.
Vagrancy is not only a crime of the privileged or the poor. The law punishes the act involved
here as a stepping stone to the commission of other crimes. Without this article, law enforcers would
have no way of checking a person loitering in the wrong place in the wrong time. 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. Use this when someone loiters in front of your house every night.
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.

PRESIDENTIAL DECREE No. 1563

Signed on June 11, 1978

ESTABLISHING AN INTEGRATED SYSTEM FOR THE CONTROL AND ERADICATION OF

MENDICANCY, PROVIDING PENALTIES, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES.

WHEREAS, the promotion of social justice and protection of life, property and dignity of the citizenry in
endangered by rampant mendicancy;

WHEREAS, mendicancy breeds crime, creates traffic hazards, endangers health, and exposes
mendicants to indignities and degradation; and

WHEREAS, there is an immediate need to provide appropriate services to enable mendicants to meet
their basic needs and develop self-reliance;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and decree:

Section 1. Title and Scope Of The Decree. This Decree shall be known as the Mendicancy Law of
1978. It shall apply to all mendicants, and exploited infants or children who are 8 years old and below,
minors found begging and covered by Presidential Decree No. 603 and parents of exploited infants and
children criminally liable under Article 59 and 60 of Presidential Decree No. 603.

Section 2. Purpose. This Decree shall be interpreted so as to, among others:

a. Prevent the commission of mendicancy;

b. Prevent the exploitation of infants and children through mendicancy and provide habilitative services
for those already exploited or in immediate danger of exploitation; and

c. Promote the rehabilitation of minors found begging and mendicants by providing an integrated
developmental package of preventive, habilitative interceptive, remedial, and/or rehabilitative services.

Section 3. Definition Of Terms. As used in this Decree, the following shall, unless the context otherwise
requires, be construed thus:

a. “Mendicant” refers to any person, except those enumerated in Section 4 of this Decree, 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.

b. “Exploited Infant” or “Child” refers to an infant or child 8 years and below who is used in begging or
one who accompanies a habitual vagrant or beggar.

c “Habitual Mendicant” refers to one who has been convicted of mendicancy under this Decree two or
more times.

d. “Duly Licensed Child Placement Agency” or “Individual” is an institution or person licensed by the
Department of Social Services and Development to assume the care, custody, protection and
maintenance of children for placement in any child-caring institution or home under the care and
custody of any person for purposes of adoption, guardianship or foster care.

e. Integrated Developmental Package of Services include the following:

1. Preventive services to measures that forestall the occurrence of situations identified as contributory
to mendicancy;

2. Habilitative services refer to measures which provide environmental or socio-economic conditions

for the exploited infant or child which maximize possibilities and opportunities for the enjoyment of
satisfactory equality of life before the formation of undesirable attitudes and values or the onset of
conditions most conducive to mendicancy;

3. Interceptive services are measures which channel or direct the growth potential and productive
energy of the mendicant infant, child, youth or adult to offset the effect of factors contributing to
mendicancy;

4. Remedial services refer to measures intended to meet the basic needs and improve living condition
of the mendicant; and
5. Rehabilitative services refer to medical, social, educational, psychological and vocational measures
to develop and/or restore the mendicant to the fullest state of well-being or economic usefulness of
which he is capable, and to engage in a gainful occupation.

Section 4. Apprehension of and Services For Persons Found Begging. Any infants or child 8
years old and below who is found begging or is being utilized by a mendicant for purposes of
begging shall be apprehended as a neglected child under Article 141 of PD 603 and shall be
committed to the custody and care of the Department of Social Services and Development or to
any duly licensed child placement agency or individual.

Any minor over 9 years of age under 15 found begging or is being utilized for purposes of
begging and who acted without discernment shall be apprehended as a neglected child under
Article 141 of Presidential Decree No. 603 and shall be committed to the custody and care of the
Department of Social Services and Development or to any duly licensed placement agency or
individual.

Any minor over 9 years of age and under 15 who is found begging or is being utilized for the
purpose of begging and who acted with discernment shall be proceeded against in accordance
with the provisions of Chapter 3, Title VIII of Presidential Decree No. 603.

Any person not otherwise covered in the preceding paragraph of this Section who is found
begging and who is physically or mentally incapable of gainful occupation shall be provided the
integrated package of services by the Department of Social Services and Development, the
Welfare units of local governments and other cooperating agencies.

Section 5. Criminal Liability. A mendicant as defined in Paragraph (a) Section 3 hereof, 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.

A habitual mendicant shall be punished by a fine not exceeding P1,000.00 or by imprisonment

for a period not exceeding 4 years or both at the discretion of the court.

Parents of exploited infants or minors under Section 4 of this Decree shall be proceeded against
in accordance with Articles 59 and 60 of Presidential Decree No. 603, unless they are themselves
mendicants.

Any person 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
P20.00.

Section 6. Information Program. The Department of Public Information shall conduct a nationwide
educational and information program on the Mendicancy Law and educate the public to contribute only
to lawful fund raising projects and prevent the community in giving alms except through organized
agencies, subject to such rules and regulations as the Secretary of the Department of Public Information
may promulgate.

Section 7. Local Programs And Facilities. Local governments shall provide socio-economic programs
and establish operating units including reception and action centers, sheltered workshops, constitute
homes and other facilities for mendicants, subject to such rules and regulations as the Secretary of the
Department of Local Government and Community Development may promulgate.
Section 8. Health Needs. The Department of Health shall provide the necessary measures in meeting
the health needs of mendicants, subject to such rules and regulations as the Secretary of the
Department of Health may promulgate.

Section 9. Law Enforcement. The Department of National Defense shall provide the necessary law
enforcement and other related services for the implementation of this Decree, subject to such rules and
regulations as the Secretary of the Department of National Defense may promulgate.

Section 10. Integrated Network Of Services. The Department of Social Services and Development shall
provide an integrated network of appropriate services to exploited infants and children 8 years old and
below as well as mendicant minors and adult mendicants and shall coordinate the services related to
the implementation of this Decree, subject to such rules and regulations as the Secretary of the
Department of Social Services and Development may promulgate.

Section 11. Appropriations. The sum of two million pesos (P2,000,000) is hereby authorized to be
appropriated out of any funds in the National Treasury that are not otherwise appropriated, in order to
support the activities under this Decree.

Section 12. Repealing Clause. All laws, decrees, orders, rules and regulations which are inconsistent
with this Decree are hereby repealed or modified accordingly.

Section 13. Separability Of Provisions. If for any reason any section of provision of this Decree is
declared unconstitutional or invalid, the other sections or provisions thereof which are not affected
thereby shall continue in full force and effect.

Section 14. Effectivity. This Decree shall take effect immediately.

REPUBLIC ACT NO. 10158

AN ACT DECRIMINALIZING VAGRANCY, AMENDING FOR THIS PURPOSE ARTICLE 202 OF
ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

Section 1. Article 202 of the Revised Penal Code is hereby, amended to read as follows:
"Article 202. Prostitutes; Penalty. – For the purposes of this article, women who, for money or profit,
habitually indulge in sexual intercourse or lascivious conduct, are deemed to be prostitutes.
"Any person found guilty of any of the offenses covered by this article shall be punished by arresto
menor or a fine not exceeding 200 pesos, and in case of recidivism, by arresto mayor in its medium
period to prision correctional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both,
in the discretion of the court."

Section 2. Effect on Pending Cases. – All pending cases under the provisions of Article 202 of the
Revised Penal Code on Vagrancy prior to its amendment by this Act shall be dismissed upon effectivity
of this Act.

Section 3. Immediate Release of Convicted Persons. – All persons serving sentence for violation of
the provisions of Article 202 of the Revised Penal Code on Vagrancy prior to its amendment by this Act
shall be immediately released upon effectivity of this Act: Provided, That they are not serving sentence
or detained for any other offense or felony.

Section 4. Repealing Clause. – All laws, presidential decrees, executive orders, rules and regulations
and other issuances, or any part thereof, inconsistent with this Act are hereby repealed, modified or
amended accordingly.
Section 5. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in at least two (2) newspapers of general circulation.
Approved: MARCH 27, 2012

Question & Answer

If a person is found wandering in an estate belonging to another, whether public or private,

without any lawful purpose, what other crimes may be committed?
When a person is apprehended loitering inside an estate belonging to another, the following
crimes may be committed:
(1) Trespass to property under Article 281 if the estate is fenced and there is a clear prohibition
against entering, but the offender entered without the consent of the owner or overseer thereof.
What is referred to here is estate, not dwelling.
(2) Attempted theft under Article 308, paragraph 3, if the estate is fenced and the offender entered
the same to hunt therein or fish from any waters therein or to gather any farm products therein
without the consent of the owner or overseer thereof;
(3) Vagrancy under Article 202 if the estate is not fenced or there is no clear prohibition against
entering.
Prostitution and vagrancy are both punished by the same article, but prostitution can only be
committed by a woman.
The term prostitution is applicable to a woman who for profit or money habitually engages in
sexual or lascivious conduct. A man if he engages in the same conduct – sex for money – is not a
prostitute, but a vagrant.
In law the mere indulging in lascivious conduct habitually because of money or gain would
amount to prostitution, even if there is no sexual intercourse. Virginity is not a defense. Habituality is
the controlling factor; is has to be more than one time.
There cannot be 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.

SUGGESTED READINGS:
1. US v. Palma, 4 Phil. 547
2. US v. Samaniego, 16 Phil. 663
3. People v. Koetinger, 45 Phil. 352
4. Gonzales vs. Katigbak (1985)
5. Pita vs. Ct. of Appeals ( 178 SCRA 362)
6. People v. Chong, 02381, Sept. 24, 1965
7. People v. Tempongko, 1 CA 317

REFERENCES:

Books/Review Notes
1. The Revised Penal Code by Luis B. Reyes
2. Fundamentals of Criminal Law Review by Antonio L. Gregorio
3. Revised Ortega Lecture Notes on Criminal Law 2.1
4. Pointers in Criminal Law by Edilberto G. Sandoval
5. Ateneo Review Notes in Criminal Law
6. Criminal Law Book II reviewer By R. Callanta
7. Judge Marlo B. Campanilla, Criminal Law Reviewer, Vol. 2, 2018 ed.
8. Boado, Comprehensive Reviewer in Criminal Law
9. Criminal Law Reviewer, Justice Luis B. Reyes
Online Reference
1. https://criminallawnotes.blogspot.com/search/label/Crimes%20Against%20National%20Sec
urity
2. https://attyrcd.wordpress.com/2016/03/09/crimes-against-public-interest/
3. https://batasnatin.com/law-library/criminal-law/crimes-and-penalties/1063-revised-penal-
code-title-four-crimes-against-public-interest.html

LEARNING ACTIVITY 6.1

Name: _________________________________________Date:________________
Course/Year Level: _________________________________Score: _____________

Instruction: Write all the elements of all the crimes against public order. Use the table below for your
answer.

Name of the Crime Elements/Punishable Acts

1. Gambling (Art. 195);

2. Importation, sale and possession of

lottery tickets or advertisements (Art.
196);

3. Illegal betting on horse races (Art.

198);
4. Illegal cockfighting (Art. 199);

5. Grave scandal (Art. 200);

6. Immoral doctrines, obscene

publications and exhibitions (Art.
201); and
7. Prostitution (Art. 202).
 LEARNING ACTIVITY 6.2

Name: _________________________________________Date:________________
Course/Year Level: _________________________________Score: _____________

Instruction: Briefly explain your answer. A mere yes or no question will not be given points.

1. Ivan Alawi, a famous actress, bought the penthouse unit of a posh condominium building in
Taguig City. Every night, Ivan Alawi would swim naked in the private, but open air, pool of her
penthouse unit. It must have been obvious to Ivan Alawi that she could be seen from nearby
buildings. In fact, some residents occupying the higher floors of the nearby residential buildings
did indeed entertain themselves and their friends by watching her swim in the nude from their
windows. What crime did Amelia commit? Alarms and scandals, Grave scandal, Immoral
doctrines, obscene publications and exhibitions, and indecent shows or no crime is commited?
Explain your answer
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2. A man and a woman enters a movie house which is a public place and then goes to the
darkest part of the balcony and while there the man started performing acts of lasciviousness
on the woman. What is the crime committed, if any? Explain.
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3. A man and a woman went to Luneta and slept there. They covered themselves their blanket
and made the grass their conjugal bed. What is the crime committed, if any? Explain.
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 4. In a certain apartment, a lady tenant had the habit of undressing in her room without shutting
the blinds. She does this every night at about eight in the evening. So that at this hour of the
night, you can expect people outside gathered in front of her window looking at her silhouette.
She was charged of grave scandal. Her defense was that she was doing it in her own house.
Is there a crime committed? Explain.
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5. In a particular building in Makati which stands right next to the house of a young lady who goes
sunbathing in her poolside. Every morning several men in the upper floors would stick their
heads out to get a full view of said lady while in her two-piece swimsuit. The lady was then
charged with grave scandal. Her defense was that it is her own private pool and it is those
men looking down at her who are malicious. Is there a crime committed? Explain.
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Grave scandal because she committed highly scandalous acts that are offensive to decency or
good customs. [Even though she swam naked in the private pool, it is obvious that she could be
seen from nearby buildings. Despite the fact that her private pool is visible to the public, she
exposed her nude body, which is highly scandalous act that is offensive to decency or good
customs.]

No. The penalty remitted by the conditional pardon is less than six (6)
 LEARNING ACTIVITY 6.3

Name: _________________________________________Date:________________
Course/Year Level: _________________________________Score: _____________

Instruction: Write your answer before the number. Erasure means wrong!

1. Persons having no apparent means of subsistence but has the physical ability to work and neglects
to apply himself or herself to lawful calling.
a. pimps c. gang
b. prostitutes d. vagrants

2. Prostitution can be committed by:

a. a man or a woman c. a woman only
b. a man and a woman d. a woman and a pimp

3. Grave scandal is committed by any person who shall offend against decency and good
customs by committing.
a. any normally scandalous conduct in a public place or within the public view
b. any extremely scandalous conduct in public place or within the public view
c. any gravely scandalous conduct in public place or within the public view
d. any highly scandalous conduct in public place or within the public view

4. It refers to established usage, social conventions carried on by tradition and enforced

by social disapproval in case of violation.
a. Customs c. Decency
b. Morals d. Public Policy

5. It is a game or device or method, the result of which depends wholly or chiefly upon
chance or hazard.
a. Sports Contest c. Lottery
b. Gambling d. Both b and c

6. Rebecca is working as a Guest Relation Officer (GRO) at MAGDALENA’S RESTO

BAR in Santiago City. One day, she needs of money to defray the hospital bill of her
sick mother. She agrees to have one-night stand with Romeo, her usual customer in
the bar. They go to Zen Hotel and had sexual intercourse there. Thereafter, Romeo
paid Rebecca Php. 10,000.00 for her wild performance. Is Rebecca, a prostitute?
a. Yes. A woman is considered prostitute the moment the she had sexual intercourse
or lascivious conduct for money or profit, regardless whether habitual or not.
b. No. To be a prostitute a woman must habitually indulge in sexual intercourse or
lascivious conduct for money or profit. Here, Rebecca had sexual intercourse with
Romeo once.
c. Either
d. Neither

7. It is a scheme for the distribution of prizes by chance among persons who have paid,
or agreed to pay, a valuable consideration for a chance to obtain a prize.
a. Machination c. Lottery
b. Gambling d. Lotto
 e. Jueteng

Choices for items 8-11

a. Game-fixing c. Game Machination
b. Point-shaving d. Betting

8. Any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice
employed for the purpose of influencing the result of any game, races or sports
contest.
9. Any arrangement, combination, scheme or agreement by which the result of any
game, races, or sports contests shall be predicated and/or known other than on the
basis of the honest playing skill.
10. Betting money or any object or article of value of representative value upon the result
of any game, races and other sports contests.
11. Any such arrangement combination, scheme or agreement by which the skill or ability
of any player or participant in a fame, races, or sports contests to make points of
scores shall be limited deliberately in order to influence the result.

Choices for items 11-12

a. PD No. 1602 c. PD No. 449
b. PD No. 483

12. An act punishing Betting, Game-fixing or Point-shaving and Machinations in Sport

Contests.
13. The Cockfighting Law of 1974.

14. In a particular building in Santiago City which stands right next to the house of a young
lady who goes sunbathing in her poolside. Every morning several men in the upper
floors would stick their heads out to get a full view of said lady while in her two-piece
swimsuit. The angered wife of the men charged her with grave scandal. Is she liable?
a. Yes. Her act even though done in a private place is nonetheless open to public
view. Hence, she is liable for grave scandal.
b. No. She does it in her own private pool and it is those men looking down at her
who are malicious.
c. Yes, she is liable not for grave scandal but indecent exhibition.
d. No. She is merely swimming and her act is not considered highly scandalous
offensive to decency and good custom.

15. Which one of these crimes is not a crime against public interest?
a. Usurpation of authority or official function
b. Using forged signature or counterfeit seal or stamp.
c. Machination in public auction
d. Betting in sport contest

16. Horse racing are not allowed in the following days EXCEPT:
a. December 30 b. November 1
 c. Any registration or voting days d. Holy Thursday and Good Friday

17. Mhaka Tee, a boarder in Ramire’z Boarding House had the habit of undressing in
her room without closing the windows of her room. She does this every night at
about 8 o’clock in the evening. Mhaka Tee is so pretty and sexy, so at that hour of
the night, all man in the nearby boarding house, the male owner of the boarding
house and married man living nearby gathered in front of her window enjoying
looking at her gorgeous body and flawless skin. Is there any liability on the part of
Mhaka Tee?
a. Yes, she is liable of grave scandal as long as any highly scandalous conduct in
committed either in public place or within the public view.
b. No, she is not liable for grave scandal because she was doing it in her own
house and not in public place.
c. Yes, she is liable for alarms and scandal only.
d. No, she is not liable and it is not her fault that all man nearby are all manyakis.

18. The scandal involved here refers to moral scandal offensive to decency, although it
does not disturb public peace. But such conduct or act must be open to the public
view.
a. Alarms and Scandals c. Sex Scandal
b. Grave Scandal d. Alarm Clock

19. Under the law, how many cockpit per municipality, if the population does not
exceeds 100,000.
a. 1 d. 4
b. 2 e. 5
c. 3

20. The scandal involved refers to disturbances of the public tranquility and not to acts
offensive to decency.
a. Alarms and Scandals c. Sex Scandal
b. Grave Scandal d. Alarm Clock

21. X was accused one night and found in his possession was a list of jueteng. If the
date therein refers to the past, is X liable.
a. Yes. X is liable for gambling or illegal possession of lottery list; mere possession
is enough.
b. No. X cannot be convicted of gambling or illegal possession of lottery list without
proving that such game was indeed played on the date stated.
c. Yes. X is liable regardless of the date of the list of jueteng because the law does
not distinguish.
d. Neither

22. In connection with the above question, If the date refers to the future, Is X liable for
or illegal possession of lottery list
a. Yes. X can be convicted by the mere possession with intent to use.
 b. No. X cannot be convicted of gambling or illegal possession of lottery list without
proving that such game was indeed played on the date stated.
c. Yes. X is liable regardless of the date of the list of jueteng because the law does
not distinguish.
d. Both a and c

23. Cockfighting shall be allowed only in licensed cockpits during ___________,

EXCEPT:
a. Sundays.
b. Legal holidays.
c. Local fiestas for not more than 5 days.
d. Provincial, city or municipal, agricultural, commercial or industrial fair, carnival or
exposition for a similar period of 3 days.
e. None of the above

24. Which of the following is not crimes against public morals?

a. Grave Scandal d. Gambling
b. Alarms and Scandal e. None of the above
c. Prostitution

25. CARDO and ALYANA went to Bancheto and slept there. They covered themselves
their blanket and made the stage of Bancheto their conjugal bed. What is the crime
committed?
a. Alarms and Scandal d. Obscene Publications and
b. Grave Scandal Exhibitions
c. Immoral Doctrines

26. It means properly observing the requirements of modesty, good taste etc.
a. Customs c. Decency
b. Morals d. Public Policy

27. A young dancer danced rude before men who are 70 years old and above in a party.
The young dancer is;
a. Liable for grave scandal
b. Liable for indecent exhibition
c. Not liable for indecent exhibition because her audience will not be corrupted
anymore
d. Liable for obscene show

28. Which of the following is already decriminalized by RA NO. 10158?

a. Prostitution c. Mendicancy
b. Vagrancy d. All of the above

29. Brenda lives in a bungalow house surrounded by tall buildings. Brenda has a habit of
swimming in the nude every 7 o’clock in the morning. Every time she does, men from
the high-rise buildings always feast their eyes and enjoy her lovely sight.
 a. Brenda is liable for Grave Scandal because of her indecent exhibition.
b. Brenda is not liable for Grave Scandal because the act was done in her private
residence
c. Brenda is liable for Grave Scandal because even if she did the act in her home, it
is open to public view
d. Brenda is not liable for Grave Scandal because the act is not highly scandalous.

30. Consist 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 been
witness the same.
a. Immoral doctrines c. Grave scandal
b. Slander d. Libel

31. ONAY and ERVIN enters a movie house at Robinson’s place Santiago City and then
goes to the darkest part of the balcony and while there ERVIN started performing acts
of lasciviousness on the ONAY. If the act is mutual, what is the crime committed?
a. Alarms and Scandal c. Immoral Doctrines
b. Grave Scandal d. Acts of Lasciviousness

32. In connection with the above question what if the act of ERVIN is against the will of
ONAY. What is the crime committed?
a. Alarms and Scandal
b. Grave Scandal
c. Immoral Doctrines
d. Acts of Lasciviousness
32