Criminal Law Book 2 – Title Six
I. CRIMES AGAINST PUBLIC MORALS
GAMBLING (195-99 repealed by PDs 449, 483 and 1602 as amended)
- Illegal cockfighting (PD 449)
- Betting, game-fixing or point shaving and machinations in sports contests (PD 438)
- Illegal gambling
PENALIZING BETTING, GAME-FIXING OR POINT-SHAVING AND
MACHINATIONS IN SPORTS CONTESTS
- Acts Punishable:
- Betting: Betting money or any object or article of value of representative value upon the result of any game, races and other sports contests.
- 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.
- 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.
- 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.
COCKFIGHTING LAW OF 1974
- Scope – This law shall govern the establishment, operation, maintenance and ownership of cockpits.
- Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own, manage and operated cockpits.
- Only one cockpit shall be allowed in each city or municipality with a population of 100,000 or less.
- Cockpits shall be constructed and operated within the appropriate areas as prescribed in the Zoning Law or ordinance.
- When allowed:
- Cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays and during local fiestas for not more than 3 days; or
- 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.
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 cockfighting shall be held on December 30, June 12,November 30, Holy Thursday, Good Friday, Election Day and during registration days for such election/referendum.
- If the purpose is for the entertainment of foreign dignitaries or for tourists, or for returning balikbayans, 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.
Limitations: This privilege shall be extended for only one time, for a period not exceeding 3 days, within a year to a province, city or municipality.
- No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during cockfights.
- City or municipal mayors are authorized to issue licenses for the operation and maintenance of cockpits.
II. OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
- ELEMENTS OF GRAVE SCANDAL:
- Offender performs an act
- Act is highly scandalous as offending against decency or good customs
- Highly scandalous conduct does not expressly fall within any other article of the RPC
- Committed in a public place or within the public knowledge or view. (The public view is not required, it is sufficient if in public place. For public knowledge, it may occur even in a private place; the number of people who sees it is not material).
- Grave scandal: consists of acts which are offensive to decency and good customs. They are committed publicly and thus, give rise to public scandal to persons who have accidentally witnessed the acts
- 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
- If the acts complained of are punishable under another provision of the RPC, Art 200 is not applicable
- 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.
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS:
- Persons liable:
- Those who publicly expound or proclaim doctrines that are contrary to public morals
- Authors of obscene literature, published with their knowledge in any form
- Editors publishing such obscene literature
- Owners or operators of establishments selling obscene literature
- Those who exhibit indecent or immoral plays, scenes, acts or shows ion theaters, fairs, cinemas or any other place
- Those who sell, distribute, or exhibit prints, engraving, sculptures or literature which are offensive to morals
- Morals: implies conformity to generally accepted standards of goodness or rightness in conduct or character
- Test of obscenity: whether the matter has a tendency to deprave or corrupt the minds of those who are open to immoral influences. A matter can also be considered obscene if it shocks the ordinary and common sense of men as indecency.
- However, Art 201 enumerates what are considered as obscene literature or immoral or indecent plays, scenes or acts:
- Mere nudity in paintings and pictures is not obscene
- Pictures w/ a slight degree of obscenity having no artistic value and intended for commercial purposes fall within this article
- Publicity is an essential element
- those w/c glorify criminals or condone crimes
- those w/c serve no other purpose but to satisfy the market for violence, lust or pornography
- those w/c offend against any race or religion
- those w/c tend to abet the traffic in and the use of prohibited drugs
- those that are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts
VAGRANTS AND PROSTITUTES:
- Who are considered vagrants:
- Those who have no apparent means of subsistence and who have the physical ability to work yet neglect to apply themselves to some useful calling
- Persons found loitering around public and semi-public places without visible means of support
- Persons tramping or wandering around the country or the streets with no visible means of support
- Idle or dissolute persons lodging in houses of ill-fame
- Ruffians or pimps and those who habitually associate with prostitutes (may include even the rich)
- Persons found loitering in inhabited or uninhabited places belonging to others, without any lawful or justifiable reason provided the act does not fall within any other article of the RPC
|If fenced and with prohibition of entry||Trespass to dwelling|
|If fenced and entered to hunt/fish||Attempted theft|
|If not fenced and with no prohibition of entry||Vagrancy|
- Who are considered prostitutes – refer to women who habitually indulge in sexual intercourse or lascivious conduct for money or profit (if a man indulges in the same conduct: vagrancy)
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001