Offenses Against Decency and

Good Customs,
RA 10364 & RA 9208
 Table of contents

01 02 03
Grave Scandal Immoral Doctrines Obscene
Publications

04 05 06
Indecent Sale or Distribution Pornography
Shows
 01
Grave Scandal
 Grave Scandal

*DECENCY - means proprietary of conduct; proper observance of the requirements of modesty,

good taste, etc.

*CUSTOMS - established usage, social conventions carried on by tradition and enforced by

social disapproval of any violation thereof.

*GRAVE SCANDAL - consists of acts which are offensive to decency and good customs which,
having committed publicly, have given rise to public scandal to persons who have accidentally
witnessed the same.
Grave Scandal
 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.

* The essence of grave scandal is publicity and that the acts committed are not only
contrary to morals and good customs but must likewise be of such character as to cause
public scandal to those witnessing it.

3. Highly scandalous is not expressly falling within any other article of the RPC;
4. Act or acts complained of be committed in a public place or within the public
knowledge or view.
 Grave Scandal
Bar Exam Question (1996)

Pia, a bold actress living on top floor of a plush condominium in Makati City sunbathed
naked at its penthouse every Sunday morning. She was unaware that the business
executives holding office at the adjoining tall buildings reported to office every Sunday
morning and, with the use of powerful binoculars, kept on gazing at her while she
sunbathed. Eventually, her sunbathing became the talk of the town. 

1) What crime, if any, did Pia commit? Explain, 

2) What crime, if any, did the business executives commit? Explain.
 Grave Scandal
Suggested Answer:
1) Pia did not commit a crime, the felony closest to making Pia criminally liable is Grave
Scandal, but then such act is not to be considered as highly scandalous and offensive
against decency and good customs. In the first place, it was not done in a public place
and within public knowledge or view. As a matter of fact it was discovered by the
executives accidentally and they have to use binoculars to have public and full view of
Pia sunbathing in the nude.
2) The business executives did not commit any crime. Their acts could not be 
acts of lasciviousness (as there was no overt lustful act), or slander, as the eventual talk
of the town, resulting from her sunbathing, is not directly imputed to the business
executives, and besides such topic is not intended to defame or put Pia to ridicule.
 IMMORAL
DOCTRINES,
OBSCENE
PUBLICATIONS AND
EXHIBITIONS AND
INDECENT SHOWS
FOUNDATIONAL CONCEPTS
Immoral doctrines, obscene publications and exhibitions and indecent shows
■ MORAL
– Implies conformity with generally accepted standards of
goodness or rightness in conduct or character, sometimes
specifically to sexual conduct. (Reyes, 2021)
■ OBSCENE
– Something offensive to chastity, decency or delicacy. (US
v. Kottinger, 45 Phil.352)
Article 201 Revised Penal Code
Immoral doctrines, obscene publications and exhibitions and indecent shows

■ PENALTY: Prision Mayor or a fine ranging from six thousand

to twelve thousand pesos, or both such imprisonment and fine.
■ WHO ARE 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, whether live
or in film, which are prescribed by virtue hereof, shall include those
which:
Article 201 Revised Penal Code
Immoral doctrines, obscene publications and exhibitions and indecent shows

■ WHO ARE PUNISHED?

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, and good customs, established policies,
lawful orders, decrees and edicts.

3. Those who shall sell, give away or exhibit films, prints,

engravings, sculpture or literature which are offensive to morals.
(As amended by PD Nos. 960 and 969).
TEST OF OBSCENITY (Miller v. California)
This test whether the tendency of a matter charged as obscene, is to
deprave or corrupt those whose minds are open to such immoral influences,
and into whose hands such a publication may fall and also whether such
publication or act shocks the ordinary and common sense of men as an
indecency.
■ Whether the average person applying to contemporary
community standards would find the work appeals to prurient
interest;
■ Whether the work depicts or describes a patently offensive
sexual conduct; and
■ Whether the work as a whole lacks serious literary, artistic,
political or scientific value.
TEST OF OBSCENITY
TEST OF OBSCENITY
THE PEOPLE OF THE PHILIPPINE ISLANDS vs. J. J. KOTTINGER, G.R. No. L-20569, October 29, 1923
 Camera Supply Company, which was managed by Kottinger, was allegedly
selling postcards which contained pictures of women from different parts
of the Philippines. The women were in their native dresses. The people in the
photos were non-Christian inhabitants of the Philippines.
 He allegedly violated section 12 of Act No. 277 (The Philippine Libel Law)
for selling the postcards. The photos were allegedly obscene and indecent.

HELD/RULING:
 The pictures in question merely depict persons as they actually live, without
attempted presentation of persons in unusual postures or dress. The aggregate
judgment of the Philippine community, the moral sense of all the people in
the Philippines, would not be shocked by photographs of this type. We are
convinced that the post-card pictures in this case cannot be characterized as
offensive to chastity, or foul, or filthy. We hold that pictures portraying the
inhabitants of the country in native dress and as they appear and can be seen in
the regions in which they live, are not obscene or indecent within the meaning of
the Libel Law.
TEST OF OBSCENITY
People v. Virginia Aparici y Villareal

The reaction of the public during the

performance of a dance by one who had
nothing to cover herself with, except
nylon patches over her breasts and too
abbreviated pair of nylon panties to
interrupt her stark nakedness should be
made the gauge in the determination of
whether the dance or exhibition was
indecent or immoral. When Spectators
were howling and shouting “Sige muna,
Sige, Nakakalibog,” because her body was
to and fro, it was clear that dancing was
indecent and erotic.
 05
Sale or Distribution
 Sale or Distribution

Paragraph 3 of Article 201

Those who shall sell, give away, or exhibit, films,
prints, engravings,sculpture, or literature which are
offensive to morals.

Give away should be read as distribute.

 Sale or Distribution

Acts punished
-Distribution of indecent literature, and etc. to
many people and not merely isolated, casual or
occasional act of giving such kind of literature to
a single recipient.
 Sale or Distribution

Purpose of the Provision

-It is for the protection of public morals, that is, the
morals of society as a whole, and not merely the morals
of a single individual. (People v. Tempongko C.A. Rep 317)
 Sale or Distribution

Paragraph 3 of Article 201

The term “give away” necessarily includes the act of
exhibiting obscene pictures or literature, because when
one gives away obscene pictures or literature, he has the
intention and purpose of exhibiting or showing the same
to the recipient. (People v. Licuden, C.A. 66 0.G. 3137)
 Fernando V. Court of Appeal
GR No. 169751
FACTS:

• Acting on reports of sale and distribution of pornographic materials, officers of the

PNP CIDG conducted police surveillance on the store bearing the name of
Gaudencio E. Fernando Music Fair (Music Fair).

• On May 5, 1999, Judge Perfecto Laguio of the Regional Trial Court of Manila,
Branch 19, issued Search Warrant No. 99-1216 for violation of Article 201 of the
Revised Penal Code against petitioner Gaudencio E. Fernando and a certain Warren
Tingchuy.

• The warrant ordered the search of the store for copies of New Rave, Hustler, IOU
magazine, and VHS tapes.
 Fernando V. Court of Appeal
GR No. 169751
• On the same day, police officers of the PNP-CIDG NCR served the warrant on
Rudy Estorninos, who, according to the prosecution, introduced himself as the
store attendant of Music Fair.

• The police searched the premises and confiscated twenty-five (25) VHS tapes
and ten (10) different magazines, which they deemed pornographic.
 Fernando V. Court of Appeal
GR No. 169751
The RTC convicted herein petitioners.
The CA affirmed the decision.

Petitioners contention:
the prosecution failed to prove that at the time of the search, they were
selling pornographic materials.
 Sale or Distribution
Ruling:
Mere possession of obscene ,materials without intention to sell, exhibit, or give
them away is not punishable under Article 201, considering that the purpose of the
law is to prohibit the dissemination of obscene materials to the public. The offense
in any of the form under article 201 is committed only where there is publicity.
The law does not require a that a person be caught in the act of selling, giving
away, or exhibiting obscene materials to be liable, for as long as he said material
are offered for sale, displayed, or exhibited to the public. In the present case,
the court finds that petitioner are engaged in selling and exhibiting obscene
materials.
 Sale or Distribution

Question
- P owns an exhibit portraying pictures of nude
women/men and he uses it for commercial purposes
only.

- Is he liable under article 201?

 Sale or Distribution
Answer:
Yes, Since the person who went to see those pictures and paid entrance fees for the privilege of
doing do were not artists or persons interested in art to satisfy and improve their artistic tastes but
rather the people to desirous of satisfying their morbid curiosity, tastes, and lust , and for love of
excitement, including the youth because of their immaturity are not in a position to resist and
shield themselves from the ill and perverting effects of the pictures, the display of such pictures
for commercial purposes is a violation of article 201.

If those pictures were shown in an art exhibits and art galleries for the cause of art to be viewed
and appreciated by the people interested in art, there would be no offense committed. (People vs.
Go Pin 97 Phil. 418)
 R.A. No. 9995

- "Anti-Photo and Video Voyeurism Act of 2009".

- Prohibits the taking, copying, selling, publishing or
broadcasting of photos or videos of sexual act.
 R.A. No. 9995
Prohibited Acts. - It is hereby prohibited and declared unlawful for any person:

(a) To take photo or video coverage of a person or group of persons performing sexual
act or any similar activity or to capture an image of the private area of a person/s
such as the naked or undergarment clad genitals, public area, buttocks or female
breast without the consent of the person/s involved and under circumstances in
which the person/s has/have a reasonable expectation of privacy;
(b) (b) To copy or reproduce, or to cause to be copied or reproduced, such photo or
video or recording of sexual act or any similar activity with or without
consideration;
 R.A. No. 9995

(c) To sell or distribute, or cause to be sold or distributed, such photo or

video or recording of sexual act, whether it be the original copy or
reproduction thereof; or

(d) To publish or broadcast, or cause to be published or broadcast, whether

in print or broadcast media, or show or exhibit the photo or video coverage
or recordings of such sexual act or any similar activity through VCD/DVD,
internet, cellular phones and other similar means or device.
 06
Pornography
 Pornography

Pornography - refers to any representation, through publication, exhibition,

cinematography, indecent shows, information technology, or by whatever
means, of a person engaged in real or simulated explicit sexual activities or
any representation of the sexual parts of a person for primarily sexual
purposes.
(Sec. 3 RA 10364 Expanded Anti-Trafficking in Persons Act of 2012 , Sec 3
RA 9208 Anti-Trafficking in Persons Act of 2003)
Sex Tourism - refers to a program organized by travel and tourism-related establishments and
individuals which consists of tourism packages or activities, utilizing and offering escort and
sexual services as enticement for tourists. This includes sexual services and practices offered
during rest and recreation periods for members of the military.
Pornography
 Pornography
"Child" refers to a person below eighteen (18) years of age or over, but is unable to fully
take care of himself/herself from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition.

For the purpose of this Act, a child shall also refer to:
(1) a person regardless of age who is presented, depicted or portrayed as a child as
defined herein; and
(2) computer-generated, digitally or manually crafted images or graphics of a person who
is represented or who is made to appear to be a child as defined herein.
 Pornography

"Child pornography" refers to any representation, whether visual, audio,

or written combination thereof, by electronic, mechanical, digital, optical,
magnetic or any other means, of child engaged or involved in real or
simulated explicit sexual activities.

R.A. 9775 "Anti-Child Pornography Act of 2009."

 Terms

"Explicit Sexual Activity" includes actual or simulated -

(1) As to form:

(i) sexual intercourse or lascivious act including, but not limited to, contact involving genital to
genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or opposite
sex;
 Pornography

(2) bestiality;

(3) masturbation;

(4) sadistic or masochistic abuse;

(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or

(6) use of any object or instrument for lascivious acts

 Pornography

"Grooming" refers to the act of preparing a child or someone who the offender believes to be a child for
sexual activity or sexual relationship by communicating any form of child pornography. It includes online
enticement or enticement through any other means.

"Luring" refers to the act of communicating, by means of a computer system, with a child or someone who
the offender believes to be a child for the purpose of facilitating the commission of sexual activity or
production of any form of child pornography.(2) Bestiality;

"Pandering" refers to the act of offering, advertising, promoting, representing or distributing through any
means any material or purported material that is intended to cause another to believe that the material or
purported material contains any form of child pornography, regardless of the actual content of the material or
purported material.
 Pornography
Unlawful or Prohibited Acts. - It shall be unlawful for any person:
(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any
form of child pornography;

(b) To produce, direct, manufacture or create any form of child pornography;

(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or import any form of
child pornography;

(d) To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast:
Provided. That possession of three (3) or more articles of child pornography of the same form shall
be prima facie evidence of the intent to sell, distribute, publish or broadcast;
 Pornography

(e) To knowingly, willfully and intentionally provide a venue for the commission of prohibited acts
as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments
purporting to be a legitimate business;

(f) For film distributors, theaters and telecommunication companies, by themselves or in cooperation
with other entities, to distribute any form of child pornography;

(g) For a parent, legal guardian or person having custody or control of a child to knowingly permit
the child to engage, participate or assist in any form of child pornography;

(h) To engage in the luring or grooming of a child;

 Pornography
(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to
commit any form of child pornography shall be committed when two (2) or more
persons come to an agreement concerning the commission of any of the said
prohibited acts and decide to commit it; and

(l) To possess any form of child pornography.

 Pornography
Syndicated Child Pornography - The crime of child pornography is deemed committed
by a syndicate if carried out by a group of three (3) or more persons conspiring or
confederating with one another and shall be punished under Section 15(a) of this Act.
 Pornography
(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to
commit any form of child pornography shall be committed when two (2) or more
persons come to an agreement concerning the commission of any of the said
prohibited acts and decide to commit it; and

(l) To possess any form of child pornography.

 What is the Republic Act 9208 as amended by the
Republic Act 10364?

The Republic Act (RA) 9208, also known as the Anti-

Trafficking in Persons Act of 2003, institutes policies to
eliminate trafficking in persons especially women and
children. It establishes the necessary institutional
mechanisms to protect and support trafficked persons
and provides penalties for the violations. In 2012, RA
9208 was amended through RA 10364 or the Expanded
Anti- Trafficking in Persons Act of 2012.
 Inter- Agency Council Against Trafficking
RA 9208, as amended by RA 10364, established the Inter- Agency Council
Against Trafficking (IACAT), which shall be responsible for coordinating,
monitoring, and overseeing the implementation of the Anti- Trafficking in
Persons Act.
 Punishable Acts
1. Acts of TIP
- Includes all acts committed by any natural or judicial person where
all the three elements of TIP are present.
 Punishable Acts
2. . Acts that promote TIP
- Includes all acts that encourages or facilitates TIP.
 Punishable Acts
3. Used of Trafficked Persons
- Any person who buys or engages the services of trafficked persons
for prostitution.
 Punishable Acts
4. Qualified TIP
- the act will be considered as qualified TIP when:
 Punishable Acts
5. Attempted TIP
- acts to initiate the commission of a trafficking offense but the offender failed
to or did not execute all the elements of the crime, by accident or by reason of some
cause other than voluntary desistance, such as overt acts shall be deemed as an
attempt to commit an act of TIP. In cases where the victim is a child, any of the
following acts shall also be deemed as attempted TIP:
What protection is given to trafficked persons?
Mandatory services available for trafficked persons
People of the Philippines v.
Casio
GR. No. 211465
FACTS
ISSUES
HELD
HELD
HELD
HELD