Grave Scandal

Bar exam
question

Bar exam question (2005)

Ame Ha, a famous actress, bought the
penthouse unit of a posh condominium
building in Taguig City. Every night,
Amelia would swim naked in the private,
but open air, pool of her penthouse unit.
It must have been obvious to Amelia 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?
(A) Alarms and scandals because her act of
swimming naked disturbs the public tranquility.
(B) Grave scandal because she committed
highly scandalous acts that are offensive to
decency or good customs.
(C) Immoral doctrines, obscene publications
and exhibitions, and indecent shows under
Article 201 of the Revised Penal Code, because
her act of swimming naked is akin to an
indecent live show.
(D) Amelia did not commit any crime because
the swimming pool is located in her private
home

PRESIDENTIAL DECREE No. 969 July

24, 1976
AMENDING CERTAIN PROVISIONS
OF PRESIDENTIAL DECREE NO. 960
WHICH AMENDED ARTICLE 201 OF
THE REVISED PENAL CODE AND FOR
OTHER PURPOSES
Article 201
Immoral doctrines, obscene
publications and exhibitions, and
indecent shows.

What is. . .
MORAL
Conformity with generally
accepted standards of goodness
or rightness in conduct or
character.
OBSCENE
Something offensive to chastity,
decency, delicacy

Those liable:
1.
Those who shall publicly expound or
proclaim doctrines openly contrary to
public morals;
Ex- 1
As for instance advocating polygamy or
wife-swapping

Ex- 2
advocating same-sex marriage?

Those liable:
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;

Those liable:
B.in

theatres, 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 prescribed by virtue
hereof, shall include those which:

Cont. . .
(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 religion;
(4) tend to abet traffic in and use of
prohibited drugs;
(5) are contrary to law, public order,
morals, good customs, established
policies, lawful orders, decrees and
edicts.

Obscene publications

Tik tik ( example lng)

Note!
Mere nudity in pictures or
paintings, not an
obscenity. As regards
nude pictures, the proper
test is the motive of the
pictures, as indicated by
it, is pure or impure.

Those liable:

3.
Those who shall sell,
give away or exhibit
films, prints,
engravings, sculpture or
literature which are
offensive to morals.

Sculpture offensive to
morals.

Note!
What is lewd is not
necessarily obscene. Nudity
is not by itself obscenity.
What then is the test for
obscenity?
( that which offends against
chastity, decency or delicacy )

Note!
The term give away
necessarily include 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.

Note!

Pictures with slight

degree of obscenity,
not used for arts
sake but for
commercial purposes,
fall under this article.

Note!
Purpose of the law:
to protect the morals of the public.
.

This offense in any of the forms

mentioned n the article is committed
only when there is PUBLICITY

Cases
People vs. Kottinger
Facts: Postcards of non-Christians
inhabitants of the Philippines in their
native dress were questioned to be
obscene.
Held: The SC said that the postcards were
not obscene because the aggregate
judgment of the community, and the moral
sense of the people were not shocked by
those pictures. They were not offensive

Cases
People vs. Aparici
Facts: A case about a girl dancing
hula-hula in the theatre making
the audience of males shout
sige muna!. Sige!, nakakalibog!
Held: The SC decided that the
dance was immoral and indecent
using the reaction of the public
as the gauge in determination of
indecency.

Cases
People vs Padan

Facts: This is a case about a live

show done in Tondo.
Held: SC said that an actual
exhibition of sexual act can have
no redeeming feature- no room for
art. Therefore, it is a clear and
unmitigated obscenity. The
exhibition was an offense to public
morals.

Kottinger Rule: test of

obscenity

Whether or not the

material charged as
obscene to deprave
and corrupt the minds
of those open to, or in
whose hands such
material may come.

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

[ REPUBLIC ACT NO.

10158 ]

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

Illustrations:

Penalty
Any person found guilty of any of
the offenses covered by this article
shall be punished byarresto
menoror a fine not exceeding 200
pesos, and in case of recidivism,
byarresto mayorin its medium
period toprision correctionalin its
minimum period or a fine ranging
from 200 to 2,000 pesos, or both, in
the discretion of the court.

SEC. 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

SEC. 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.

SEC. 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.

SEC. 5.Effectivity Clause

This Act shall take

effect fifteen (15) days
after its publication in
theOfficial Gazetteor
in at least two (2)
newspapers of general
circulation.

Bar Exam Question

Sam wrote a letter to his
friends stating that Judge
Odon loves obscene
magazines and keeps these in
his desk. Charged with libel,
can Sam present proof that
Judge Odon indeed loves
obscene magazines and keeps
these in his desk?

Choices
A. No, since the imputation is not
related to the duties of a judge.
B. No, since Sam does not impute
a crime to Judge Odon.
C. No, since Sam imputes the
commission of a crime to Judge
Odon.
D. Yes, since truth can be a valid
defense in libel

Answer

B. No, since Sam

does not impute a
crime to Judge
Odon.

VAGRANTS and
PROSTITUTES
Article 202