Title 6, RPC However, the act must be open to public view
CHAPTER 1: GAMBLING AND BETTING for it to be actionable.
NOTE: Arts. 195-196 have been repealed and NOTE: If committed in a public place, the
modified by P.D. Nos. 449, 483, and 1602, as performance of the act offensive to decency is
amended by Letters of Instructions No. 816. already a crime even though there is no third
Arts. 197-199 has been repealed and modified party looking at it. Public view is not required.
by P.D. 483 and P.D. 449 The public character of the place is sufficient.
CHAPTER 2: OFFENSES AGAINST DECENCY Q: X, an 11-year-old girl, had sexual
AND GOOD CUSTOMS intercourse with her 18-year-old boyfriend
Y. They performed the act in a secluded
ART. 200, RPC vacant lot. Unknown to them, there was a
GRAVE SCANDAL roving policeman at that time. Hence, they
were arrested. What crime did they commit?
Grave Scandal
It consists of acts which are offensive to A: The sexual intercourse with the girl
decency and good customs which, having constitutes statutory rape. Though the act
been committed publicly, have given rise to was carried out in a public place, criminal
public scandal to persons who have liability for grave scandal cannot be incurred
accidentally witnessed the same. because the conduct of Y is punishable under
another article of the RPC.
Elements:
1. Offender Performs an act or acts; Essence of Grave Scandal
2. Such act or acts be Highly scandalous as The essence of grave scandal is publicity and
offending against decency or good customs; that the acts committed are not only contrary
3. Highly scandalous conduct is Not expressly to morals and good customs but must likewise
falling within any other article of this Code; be of such character as to cause public
and scandal to those witnessing it.
4. Act or acts complained of be committed in a
Public place or within the public knowledge or
view.
NOTE: There should be consent to do the
scandalous act. If the scandalous act was done
without consent, the crime committed may be
acts of lasciviousness or violation of R.A. No.
7610 if a child is involved.
Grave Scandal is a Crime of Last Resort
Under the third element of Grave Scandal, the
highly scandalous conduct should not
expressly fall within any other article of the
RPC.
NOTE: If the acts of the offender are punished
under another article of the RPC, Art. 200 is
not applicable.
Commission of the Crime in a Private Place
An act offensive to decency, performed in a
private place, constitutes grave scandal. ART. 201, RPC, as amended by P.D. 969
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IMMORAL DOCTRINES, OBSCENE Publicity is an Essential Element of this
PUBLICATIONS AND EXHIBITIONS, AND Offense
INDECENT SHOWS This offense, in any of the forms mentioned, is
Persons Liable committed only when there is publicity. It is
1. Those who shall Publicly expound or an essential element.
proclaim doctrines openly contrary to public
morals; Test of Obscenity
2. Authors of Obscene literature, published 1. Whether to the Average person, applying
with their knowledge in any form, the editors contemporary standards would find the work,
publishing such literature; and the taken as a whole, appeals to the prurient
owners/operators of the establishment interest;
selling the same; 2. Whether the work Depicts or describes, in a
3. Those who, in theaters, fairs, patently offensive way, sexual conduct
cinematography, or any other place, Exhibit specifically defined by the applicable state
indecent or immoral plays, scenes, acts, or law; and
shows, it being understood that the obscene 3. Whether the work, taken as a whole, Lacks
literature or indecent or immoral plays, serious literary, artistic, political, or scientific
scenes, acts or shows, whether live or in film, value.
which are proscribed by virtue hereof, shall
include those which: Liability of the Author of Obscene Literature
a. Glorify criminals or condone The author becomes liable if it is published
crimes; with his knowledge. In every case, the editor
b. Serve no other purpose but to publishing it is also liable.
Satisfy the market for violence, lust or
pornography; Viewing of Pornographic Materials in Private
c. Offend any race, or religion; If the viewing of pornographic materials is
d. Tend to abet traffic in and use of done privately, there is no violation of Art. 201.
prohibited Drugs; or What is protected is the morality of the public
e. Contrary to law, public order, in general. The law is not concerned with the
morals, good customs, established moral of one person.
policies, lawful orders, decrees and
edicts; or Q: The criminal case for violation of Art. 201
4. Those who shall Sell, give away, or exhibit of RPC was dismissed because there was no
films, prints, engravings, sculptures, or concrete and strong evidence pointing them
literatures which are offensive to morals. as the direct source of pornographic
materials. Can the petitioner now recover
NOTE: The object of the law is to protect the the confiscated hard disk containing the
morals of the public. pornographic materials?
A: NO. Petitioner had no legitimate
Mere possession of obscene materials, expectation of protection of their supposed
without intention to sell, exhibit, or give them property rights. P.D. 969, which amended Art.
away, is not punishable under Art. 201, 201 of the RPC also states that “where the
considering the purpose of the law is to criminal case against any violation of this
prohibit the dissemination of obscene decree results in an acquittal, the obscene or
materials to the public. immoral literature, films, prints, engravings,
sculpture, paintings or other materials and
Obscenity articles involved in the violation shall
Obscenity is something which is offensive to nevertheless be forfeited in favor of the
chastity, decency or delicacy. That which government to be destroyed.” In this case, the
shocks the ordinary and common sense of destruction of the hard disks and the software
men as an indecency. used in the violation of the subject law,
addresses the purpose of minimizing, if not
eradicating pornography.
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ART. 202, as amended by R.A. No. 10158 “An
Act Decriminalizing Vagrancy
VAGRANTS AND PROSTITUTES
NOTE: R.A. No. 10158, dated March 27, 2012,
decriminalized vagrancy. All pending cases on
vagrancy shall be dismissed and all persons
serving sentence for vagrancy shall be
immediately released upon effectivity of R.A.
No. 10158.
Prostitutes
They are women who, for money or profit,
habitually indulge in sexual intercourse or
lascivious conduct.
Sexual intercourse is not a necessary element
to constitute prostitution. The act of
habitually indulging in lascivious conducts
because of money or gain would already
amount to prostitution.
Term “Prostitution” is NOT Applicable to a
Man
The term is applicable only to a woman who,
for money or profit, habitually engages in
sexual intercourse or lascivious conduct. A
man who engages in the same conduct is not
a prostitute but a vagrant.
His acts may also be punished under
city/municipal ordinances.
No Crime of 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 Art. 341 of the RPC for white slavery.
Art. 202 NOT Applicable to Minors (sec 58
Persons below eighteen (18) years of age shall
be exempt from prosecution for the crime of
prostitution under Art. 202 of the RPC, such
prosecution being inconsistent with the
United Nations Convention on the Rights of
the Child; Provided, that said persons shall
undergo appropriate counselling and
treatment program. (sec. 58 RA No 9344)
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