CRIMINAL LAW 2

TITLE SIX
CRIMES AGAINST PUBLIC MORALS

What are the crimes against public morals?
1. Gambling. (Art. 195)
2. Importation, sale and possession of lottery tickets or
advertisements. (Art. 196)
3. Betting in sports 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
exhibitions. (Art. 201
8. Vagrancy and prostitution. (Art. 202)
CHAPTER ONE – GAMBLING AND BETTING
NOTE: The provisions of Articles 195-199 of the RPC,
as amended, as well as those of PD 483 (betting,
game-fixing or point-shaving and machinations in
sport contests) and 449 (Cockfighting Law), which
are inconsistent with PD 1602, are repealed. (SEE PD
1602)
PRESIDENTIAL DECREE NO. 1602
PRESCRIBING STIFFER PENALTIES IN ILLEGAL
GAMBLING
Section 1. Penalties. The following penalties are hereby
imposed:
(a) The penalty of prison correccional in its medium period
of a fine ranging from one thousand to six thousand pesos,
and in case of recidivism, the penalty of prision mayor in its
medium period or a fine ranging from five thousand to ten
thousand pesos shall be imposed upon:
1. Any person other than those referred to in the succeeding
sub-sections who in any manner, shall directly or indirectly
take part in any illegal or unauthorized activities or games
of cockfighting, jueteng, jai alai or horse racing to include
bookie operations and game fixing, numbers, bingo and
other forms of lotteries; cara y cruz, pompiang and the like;
7-11 and any game using dice; black jack, lucky nine, poker
and and its derivatives, monte, baccarat, cuajao, pangguingue
and other card games; paik que, high and low, mahjong,
domino and other games using plastic tiles and the likes;
slot machines, roulette, pinball and other mechanical
contraptions and devices; dog racing, boat racing, car racing
and other forms of races, basketball, boxing, volleyball,
bowling, pingpong and other forms of individual or team
contests to include game fixing, point shaving and other
machinations; banking or percentage game, or any other
game scheme, whether upon chance or skill, wherein
wagers consisting of money, articles of value or
representative of value are at stake or made;
2. Any person who shall knowingly permit any form of
gambling referred to in the preceding subparagraph to be
carried on in inhabited or uninhabited place or in 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
malfactor shall be punished by prision correccional in its
maximum period and a fine of six thousand pesos.
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(b) The penalty of prision correccional in its maximum Section 3. Repealing Clause. Provisions of Art. 195-199
period or a fine of six thousand pesos shall be imposed upon of the Revised Penal Code, as amended, Republic Act No.
the maintainer or conductor of the above gambling 3063, Presidential Decrees Numbered 483, 449, 510 and
schemes. 1306, letters of instructions, laws, executive orders, rules
and regulations, city and municipal ordinances which are
(c) The penalty of prision mayor in its medium period with inconsistent with this Decree are hereby repealed.
temporary absolute disqualification or a fine of six thousand
pesos shall be imposed if the maintainer, conductor or Section 4. Effectivity. This Decree shall take effect
banker of said gambling schemes is a government official, immediately upon publication at least once in a newspaper
or where such government official is the player, promoter, of general circulation.
referee, umpire, judge or coach in case of game fixing, point
shaving and machination. Done in the City of Manila, this 11th day of June, in the year
of Our Lord, nineteen hundred and seventy-eight.
(d) The penalty of prision correccional in its medium period
or a fine ranging from four hundred to two thousand pesos
shall be imposed upon any person who shall, knowingly and
without lawful purpose in any hour of any day, possess any Gambling – any game or scheme, whether upon chance or
lottery list, paper or other matter containing letters, figures, skill wherein wagers consisting of
signs or symbols pertaining to or in any manner used in the
games of jueteng, jai-alai or horse racing bookies, and 1. money,
similar games of lotteries and numbers which have taken 2. articles or
place or about to take place.
3. value or
(e) The penalty of temporary absolute disqualifications shall
4. representative of value are at stake or made.
be imposed upon any barangay official who, with knowledge
of the existence of a gambling house or place in his • PD 1602, dated June 11, 1978, provides stiffer
jurisdiction fails to abate the same or take action in penalties for violations of the gambling laws.
connection therewith.
• RA 9287 increased the penalties for illegal
(f) The penalty of prision correccional in its maximum period number games, amending certain provisions of
or a fine ranging from five hundred pesos to two thousand PD 1602
pesos shall be imposed upon any security officer, security
guard, watchman, private or house detective of hotels,
villages, buildings, enclosures and the like which have the
reputation of a gambling place or where gambling activities
are being held.
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CRIMES AGAINST PUBLIC MORALS
Penalties under RA 9287
Sec. 3. Punishable Acts. - Any person who participates in
any illegal numbers game shall suffer the following
penalties:
a) The penalty of imprisonment from thirty (30) days to
ninety (90) days, if such person acts as a bettor;
b) The penalty of imprisonment from six (6) years and one
(1) day to eight (8) years, if such person acts as a personnel
or staff of an illegal numbers game operation;
The same penalty shall likewise be imposed to any person
who allows his vehicle, house, building or land to be used in
the operation of the illegal numbers games.
c) The penalty of imprisonment from eight (8) years and one
(1) day to ten (10) years, if such person acts as a collector
or agent;
d) The penalty of imprisonment from ten (10) years and one
(1) day to twelve (12) years, if such person acts as a
coordinator, controller or supervisor;
e) The penalty of imprisonment from twelve (12) years and
one (1) day to ten (10) fourteen (14) years, if such person
acts as a maintainer, manager or operator; and
f) The penalty of imprisonment from fourteen (14) years and
one (1) day to sixteen (16) years, if such person acts as a
financier or capitalist;
g) The penalty of imprisonment from sixteen (16) years and
one (1) day to twenty (20) years, if such person acts as
protector or coddler.
Liability of Government Officials and Employees
under RA 9287
Sec. 5. Liability of Government Employees and/or
Public Officials. - a) If the collector, agent, coordinator,
controller, supervisor, maintainer, manager, operator,
financier or capitalist of any illegal numbers game is a
government employee and/or public official, whether
elected or appointed shall suffer the penalty of twelve (12)
years and one (1) day to twenty (20) years and a fine
ranging from Three million pesos (P3,000,000.00) to Five
million pesos (P5,000,000.00) and perpetual absolute
disqualification from public office.
Why gambling is prohibited and punished
 To repress an evil that undermines the social, moral
and economic growth of the nation. (P. vs. Punto)
 Gambling is an act beyond the pale of good morals
which, for the welfare of the people, should be
exterminated. It has the effect of causing poverty,
dishonesty, fraud and deceit. Many man neglected
his business and mortgaged his integrity to follow the
fickle Goddess of the cards. May woman has wasted
her hours and squandered her substance at the
gambling board while some children were forgotten.
(US vs. Salaveria)
Any other game or scheme, “whether upon chance or
skill”
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 The aforequoted portion of Section 1(a) of PD 1602,
makes a game or scheme punishable if the winning
depends upon skill, when “wagers consisting money,
articles or value or representative of value are at
stake or made.”
Spectators are not liable in gambling
 A mere bystander or spectator in a gambling game is
not criminally liable, because he does not take part
therein, directly or indirectly. The law does not make
the mere presence in a gambling house an offense.
US vs. Palma, et. al.)
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 the chance to obtain a prize. (US
vs. Filart)
Elements of Lottery:
1. Consideration;
2. Chance;
3. Prize, or some advantage or inequality in amount or
value which is in the nature of a prize. (US vs. Filiart)
 Lottery embraces all schemes for distribution of
prizes by chance. (US vs. Baguio)
 If the scheme is such that human reason,
foresight, sagacity, or design cannot enable
one to know or determine the result under the
same has been accomplished, then it is lottery.
• Guessing competition constitutes lottery.
• No lottery where there is full value of money.
• PD 519, which took effect on July 23, 1974, has
outlawed pinball and slot machines and other
similar devices and nullified all permits and/or
licences to operate the same.
Knowledge permitting gambling to be carried on in a
place owned or controlled by the offender.
Elements:
1. That a gambling game was carried on in an inhabited
or uninhabited place or in any building, vessel or
other means of transportation.
2. That the place, building, vessel or other means of
transportation is owned and controlled by the
offender.
3. That the offender permitted the carrying of such
game, knowing that it Is a gambling game.
 Maintainer (person who sets up and furnishes the
means with which to carry on the gambling game or
scheme) and conductor (person who manages or
carries on the gambling game or scheme) of a
gambling game or scheme are likewise punished.
• Proof that game took place or is about to take
place is not necessary.
• But proof to the contrary is necessary when
the jueteng lists pertain to games played on
other dates.
Gaming laws repealed
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 The provisions of Art. 195-199 of the Revised Penal
Code, as amended, RA No. 3063, PD 483, 449, 510,
1306, letters of instructions, laws, executive orders,
rules and regulations, city and municipal ordinances
which are inconsistent with PD 1602 are repealed.
 Art. 195. What acts are punishable in
gambling. — (a) The penalty of arresto mayor
or a fine not exceeding two hundred pesos,
and, in case of recidivism, the penalty of
arresto mayor or a fine ranging from two
hundred or six thousand pesos, shall be
imposed upon:
 1. Any person other than those referred to in
subsections (b) and (c) who, in any manner
shall directly, or indirectly take part in any
game of monte, jueteng or any other form of
lottery, policy, banking, or percentage game,
dog races, or any other game of scheme the
result of which depends wholly or chiefly upon
chance or hazard; or wherein wagers
consisting of money, articles of value or
representative of value are made; or in 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. Any person who shall knowingly permit any
form of gambling referred to in the preceding
subdivision to be carried on in any unhabited
or uninhabited place of any building, vessel or
other means of transportation owned or
controlled by him. If the place where gambling
is carried on has the reputation of a gambling
place or that prohibited gambling is frequently
carried on therein, the culprit shall be
punished by the penalty provided for in this
article in its maximum period.
 (b) The penalty of prision correccional in its
maximum degree shall be imposed upon the
maintainer, conductor, or banker in a game of
jueteng or any similar game.
 (c) The penalty of prision correccional in its
medium degree shall be imposed upon any
person who shall, knowingly and without lawful
purpose, have in his possession and lottery
list, paper or other matter containing letters,
figures, signs or symbols which pertain to or
are in any manner used in the game of jueteng
or any similar game which has taken place or
about to take place.
Art. 196. Importation, sale and possession of
lottery tickets or advertisements. — The
penalty of arresto mayor in its maximum
period to prision correccional in its minimum
period or a fine ranging from 200 to 2,000
pesos, or both, in the discretion of the court,
shall be imposed upon any person who shall
import into the Philippine Islands from any
foreign place or port any lottery ticket or
advertisement or, in connivance with the
importer, shall sell or distribute the same.
 Any person who shall knowingly and with
intent to use them, have in his possession
lottery tickets or advertisements, or shall sell
or distribute the same without connivance with
the importer of the same, shall be punished by
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arresto menor, or a fine not exceeding 200
pesos, or both, in the discretion of the court.
 The possession of any lottery ticket or
advertisement shall be prima facie evidence of
an intent to sell, distribute or use the same in
the Philippine Islands.
Acts punished relative to lottery tickets or
advertisements.
1. By importing into the Philippines from any foreign
place or port any lottery ticket or advertisement.
2. By selling or distributing the name in connivance
with the importer.
3. By possessing knowingly and with intent to use,
lottery tickets or advertisements.
4. By selling or distributing the same without
connivance with the importer.
Presumption of intent to sell, distribute, or use
lottery ticket or advertisement.
 The possession of any lottery ticket or advertisement
is prima facie evidence of an intent to sell, distribute
or use the same. (Art. 196, last par.) But if the
defendant can establish that he did not know of the
existence of the lottery ticket within his premises,
the presumption is destroyed and the defendant
must be acquitted. (US vs. Jose)
 It is not necessary that the lottery tickets be genuine,
as it is enough that they be given the appearance of
lottery tickets. If the lottery tickets are counterfeit,
they cannot give rise to the evil sought to be
eradicated.
Art. 197 Betting in sports contests. – (Repealed)
BETTING, GAME-FIXING OR POINT SHAVING AND
MACHINATIONS IN SPORT CONTESTS (SEE PD 483)
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.
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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.
Done in the City of Manila, this 13th day of June, in the year
of Our Lord, nineteen hundred and seventy-four.
Art. 198. Illegal betting on horse race. — The penalty
of arresto menor or a fine not exceeding 200 pesos,
or both, shall be imposed upon any person who
except during the period allowed by law, shall be on
horse races. The penalty of arresto mayor or a fine
ranging from 200 to 2,000 pesos, or both, shall be
imposed upon any person who, under the same
circumstances, shall maintain or employ a totalizer or
other device or scheme for betting on horse races or
realizing any profit therefrom.
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For the purposes of this article, any race held in the
same day at the same place shall be held punishable
as a separate offense, and if the same be committed
by any partnership, corporation or association, the
president and the directors or managers thereof shall
be deemed to be principals in the offense if they
have consented to or knowingly tolerated its
commission.
Acts punishable in illegal betting on horse races:
1. By betting on horse races during the periods not
allowed by law.
Racing Days:
 Private individuals and entities duly licensed by the
Commission on Races (now Games and Amusement
Board) may hold horse races on Sundays nor
reserved under this Acts, on 24 Saturdays as may be
determined by the said Commission, and on legal
holidays, except on the following:
a. July 4th of each year (RA 137)
b. Dec. 30th of each year (RA 229)
c. Any registration or voting days (RA 180, Revised
Election Code); and
d. Holy Thursday and Good Friday (RA 946)
The race held on the same day and at the same place
is punishable as a separate offense.
 The race held on the same day and at the same
place, is punished as a separate offense. (Art. 198,
par. 2) It would seem that the penalties respectively
provided in the 1st paragraph shall be imposed.
• No liability if there is no betting or use of
totalizer.
Art. 199. Illegal cockfighting. — The penalty of
arresto menor or a fine not exceeding 200 pesos, or
both, in the discretion of the court, shall be imposed
upon:
1. Any person who directly or indirectly
participates in cockfights, by betting money or
other valuable things, or who organizes
cockfights at which bets are made, on a day
other than those permitted by law.
2. Any person who directly or indirectly
participates in cockfights, at a place other than
a licensed cockpit.
COCKFIGHTING LAW OF 1974 ( SEE PD 449)
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.
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(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.
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(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 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.
Done in the City of Manila, this 9th day of May, in the year of
Our Lord, nineteen hundred and seventy-four.
Permitting gambling of any kind in cockpit is
punished under the same decree
 The owner, manager or lessee of the cockpit who
shall permit gambling of any kind on the premises of
the cockpit or place of cockfight during cockfights,
violation of the injunction, shall be criminally liable
under Sec. 9 (Sec. 5[f])
Spectators in a cockfight are not liable
 The Decree does not punish a person attending as a
spectator in a cockfight. To be liable, he must
participate in the cockfight as bettor.
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CHAPTER TWO – OFFENSES AGAINST DECENCY AND
GOOD CUSTOMS
What are the offenses against decency and good
customs?
They are:
1. Grave Scandal (Art. 200)
2. Immoral doctrines, obscene publications and
exhibitions. (Art. 201)
3. Vagrancy and prostitution. (Art. 202)
Art. 200. Grave scandal. — The penalties of arresto
mayor and public censure shall be imposed upon any
person who shall offend against decency or good
customs by any highly scandalous conduct not
expressly falling within any other article of this Code.
Elements:
1. That the offender performs an act or acts.
2. That such act or acts be highly scandalous as
offending against decency or good customs.
3. That the highly scandalous conduct is not expressly
falling within any article of this Code.
4. That the act or acts complained of be committed in a
public place or within the public knowledge or view.
(US vs. Samaniego) (Degree of publicity necessary)
Decency – propriety 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 been committed
publicly, have given rise to public scandal to persons who
have accidentally witnessed the same.
 The acts must be those that can cause public scandal
among the persons witnessing them besides being
contrary to public morals and good customs. (P. vs.
Dumlao, et. al.)
• If the act or acts of the offender are punished
under another article of this Code, Art. 200 is
not applicable.
• The acts must be performed in a public place
or within the public knowledge or view.
 When the acts were performed in a private house
and seen by one person, the crime was not
committed.
Art. 201. Immoral doctrines, obscene publications
and exhibitions and indecent shows. — The penalty of
prision mayor or a fine ranging from six thousand to
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twelve thousand pesos, or both such imprisonment
and fine, shall be imposed upon:
(1) Those who shall publicly expound or
proclaim doctrines openly contrary to public
morals;
Moral – implies conformity with the generally accepted
standards of goodness or rightness in conduct or character,
sometimes, specifically, to sexual conduct.
The author of obscene literature is liable only when it
is published with his knowledge.

(2) (a) the authors of obscene literature,  Writing of obscene literature is not punished, but the
published with their knowledge in any form; author s liable if it is published with his knowledge. In
the editors publishing such literature; and the every case, the editor publishing it is liable.
owners/operators of the establishment selling
the same; Obscene – something offensive to chastity, decency or
delicacy. (US vs. Kottinger)
(b) Those who, in theaters, fairs,
cinematographs or any other place, exhibit, The Test of Obscenity
indecent or immoral plays, scenes, acts or
shows, whether live or in film, which are  The test is whether the tendency of the matter
prescribed by virtue hereof, shall include those charged as obscene is to
which (1) glorify criminals or condone crimes;
(2) serve no other purpose but to satisfy the 1. Deprave or corrupt those whose minds are open
market for violence, lust or pornography; (3) to such immoral influences,
offend any race or religion; (4) tend to abet
traffic in and use of prohibited drugs; and (5) 2. And into whose hands such a publication may fall
are contrary to law, public order, morals, and
and also
good customs, established policies, lawful
orders, decrees and edicts;
3. Whether or not such publication or act shocks the
ordinary and common sense of men as an
(3) Those who shall sell, give away or exhibit
indecency.
films, prints, engravings, sculpture or
literature which are offensive to morals. (As
Indecency – is an act against the good behavior and a just
amended by PD Nos. 960 and 969).
delicacy. (US vs. Kottinger)
Publicity is essential.
Mere nudity in pictures and paintings, not an
obscenity
 This offense in any of the forms mentioned in the
article is committed only when there is publicity.
 The proper test is
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1. whether the motive of the picture, as indicated by it, a. Upon conviction of the offender – to be forfeited
is pure or impure; or in favor of the government to be destroyed.

2. Whether it is naturally calculated to excite impure
imaginations. (P vs. Serrano)
Mere possession of obscene materials is not
punishable
b. Where the criminal case against the violator of
the decree results in an acquittal – to be forfeited
in favor of the government to be destroyed, after
forfeiture proceedings conducted by the Chief of
Constabulary.

 Mere possession of obscene materials, without
intention to sell, exhibit, or give them away, is not
punishable under Art. 201, considering the purpose
of the law is to prohibit the dissemination of obscene
materials to the public.
The word “give away” in par. 3 of Art. 201, should
be read “distribute”
 If the offender is a government official or
Pictures with slight degree of obscenity, not used
for art’s sake but for commercial purposes, fall
under this Article.
Purpose of the law in punishing obscene
publications and exhibitions
c. The person aggrieved by the forfeiture action of
the Chief of Constabulary may, within 15 days
after his receipt of a copy of the decision, appeal
the matter to the Secretary of National Defense
for review. The decision of the Secretary of
National Defense shall be final and unappealable.
(Sec. 2, PD 969)
employee, the penalty as provided herein shall be
imposed in its maximum period and in addition, the
accessory penalties provided for in RPC, as amended,
shall likewise be imposed. (Sec. 4, PD 969)

 The object of the law is to protect the morals of the

Art. 202. Vagrants and prostitutes; penalty. — The
public. (P vas. Aparici, supra)
following are vagrants:
Disposition of prohibited articles.
1. Any person having no apparent means of
subsistence, who has the physical ability to
 The disposition of the literature, films, prints,
work and who neglects to apply himself or
engravings, sculptures, paintings, or other materials
herself to some lawful calling;
involved in the violation referred to in Sec. 1 hereof
shall be governed by the following rules:
2. Any person found loitering about public or
semi-public buildings or places or trampling or
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wandering about the country or the streets 1619, such prosecution being inconsistent with the
without visible means of support; UN Convention on the Rights of the Child: Provided,
that said persons shall undergo appropriate
3. Any idle or dissolute person who ledges in counseling and treatment program. (Sec. 58 of RA
houses of ill fame; ruffians or pimps and those 9344, Juvenile Justice and Welfare Act of 2006)
who habitually associate with prostitutes;
Only pars. 1 and 2 of Art. 202 require absence of
4. Any person who, not being included in the visible means of support.
provisions of other articles of this Code, shall
be found loitering in any inhabited or  Absence of visible means of support is an essential
uninhabited place belonging to another
element of the offense of vagrancy only under the
without any lawful or justifiable purpose;
first and second par. of this article.
5. Prostitutes.
Loitering around saloons and gambling houses is
vagrancy only when there is evidence of absence of
For the purposes of this article, women who, for
visible means of support.
money or profit, habitually indulge in sexual
intercourse or lascivious conduct, are deemed to be Mendicancy and abetting mendicancy are punished.
prostitutes.
 Under the Mendicancy Law of 1978 (PD 1563), one
Any person found guilty of any of the offenses
who has no visible and legal means of support, or
covered by this articles shall be punished by arresto
lawful employment and who is physically able to
menor or a fine not exceeding 200 pesos, and in case
work but neglects to apply himself to some lawful
of recidivism, by arresto mayor in its medium period
calling and instead uses begging as a means of
to prision correccional in its minimum period or a fine
living, is a mendicant and, upon conviction, shall be
ranging from 200 to 2,000 pesos, or both, in the
punished by a fine not exceeding P500.00 or by
discretion of the court.
imprisonment for a period not exceeding 2 years or
both at the discretion of the court.
Art. 202 not applicable to minors.
 Any person who abets mendicancy by giving alms
directly to mendicants, exploited infants and minors
 Persons below 18 years of age shall be exempt from
on public roads, sidewalks, parks and bridges shall
prosecution for the crimes of vagrancy and
be punished by a fine not exceeding P20.00.
prostitution under Sec. 202 of RPC, of mendicancy
under PD 1563, and sniffing of rugby under PD
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 A vagrant without visible means of support may
become a mendicant if he uses begging as a means
of living.
Vagrants under par. 2 of Art. 202
1. An idle or dissolute person who lodges in houses of
ill-fame;
2. Ruffian or pimp; or
3. One who habitually associates with prostitutes.
Dissolute – lax, unrestrained, immoral.
Ruffians – brutal, violent, lawless persons.
Pimp – one who provides gratificaqtion for the lust of
others. (US vs. Cruz)
Prostitute – a woman is a prostitute when
1. She habitually indulges in (a) Sexual intercourse,
or(b) Lascivious conduct, 2. For money or profit.
 Hence, one sexual intercourse with a man for money
or profit does not make a woman a prostitute. And
several intercourses with different men do not make
her a prostitute, if there is no evidence that she
indulged in sexual intercourse for money or profit.
 Note also that sexual intercourse is not absolutely
necessary, as lascivious conduct is sufficient.
THE ANTI TRAFFICKING IN PERSONS ACT OF 2003
(SEE RA 9208)
Sec. 3. Trafficking in Persons - refers to the recruitment,
transportation, transfer or harboring, or receipt of persons
with or without the victim's consent or knowledge, within or
across national borders by means of threat or use of force,
or other forms of coercion, abduction, fraud, deception,
abuse of power or of position, taking advantage of the
vulnerability of the person, or, the giving or receiving of
payments or benefits to achieve the consent of a person
having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation
or the prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery, servitude or
the removal or sale of organs.
The recruitment, transportation, transfer, harboring or
receipt of a child for the purpose of exploitation shall also be
considered as "trafficking in persons" even if it does not
involve any of the means set forth in the preceding
paragraph.
Sec. 4. Acts of Trafficking in Persons. - It shall be
unlawful for any person, natural or juridical, to commit any
of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive
a person by any means, including those done under the
pretext of domestic or overseas employment or training or
apprenticeship, for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(b) To introduce or match for money, profit, or material,
economic or other consideration, any person or, as provided
for under Republic Act No. 6955, any Filipino woman to a
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foreign national, for marriage for the purpose of acquiring,
buying, offering, selling or trading him/her to engage in
prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the
purpose of acquiring, buying, offering, selling, or trading
them to engage in prostitution, pornography, sexual
exploitation, forced labor or slavery, involuntary servitude or
debt bondage;
(d) To undertake or organize tours and travel plans
consisting of tourism packages or activities for the purpose
of utilizing and offering persons for prostitution,
pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or
pornography;
(f) To adopt or facilitate the adoption of persons for the
purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by
means of threat or use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose of removal or sale
of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed
activities in the Philippines or abroad.
Sec. 5. Acts that Promote Trafficking in Persons. - The
following acts which promote or facilitate trafficking in
persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used
any house, building or establishment for the purpose of
promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued,
tampered or fake counseling certificates, registration
stickers and certificates of any government agency which
issues these certificates and stickers as proof of compliance
with government regulatory and pre-departure
requirements for the purpose of promoting trafficking in
persons;
(c) To advertise, publish, print, broadcast or distribute, or
cause the advertisement, publication, printing, broadcasting
or distribution by any means, including the use of
information technology and the internet, of any brochure,
flyer, or any propaganda material that promotes trafficking
in persons;
(d) To assist in the conduct of misrepresentation or fraud for
purposes of facilitating the acquisition of clearances and
necessary exit documents from government agencies that
are mandated to provide pre-departure registration and
services for departing persons for the purpose of promoting
trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of
persons from/to the country at international and local
airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel
documents for the purpose of promoting trafficking in
persons;
(f) To confiscate, conceal, or destroy the passport, travel
documents, or personal documents or belongings of
trafficked persons in furtherance of trafficking or to prevent
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them from leaving the country or seeking redress from the
government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or
make use of, the labor or services of a person held to a
condition of involuntary servitude, forced labor, or slavery.
Sec. 6. Qualified Trafficking in Persons. - The following
are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No.
8043, otherwise known as the "Inter-Country Adoption Act of
1995" and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large
scale. Trafficking is deemed committed by a syndicate if
carried out by a group of three (3) or more persons
conspiring or confederating with one another. It is deemed
committed in large scale if committed against three (3) or
more persons, individually or as a group;
(d) When the offender is an ascendant, parent, sibling,
guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a
public officer or employee;
(e) When the trafficked person is recruited to engage in
prostitution with any member of the military or law
enforcement agencies;
(f) When the offender is a member of the military or law
enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in
persons, the offended party dies, becomes insane, suffers
mutilation or is afflicted with Human Immunodeficiency
Virus (HIV) or the Acquired Immune Deficiency Syndrome
(AIDS).
Sec. 8. Prosecution of Cases. - Any person who has
personal knowledge of the commission of any offense under
this Act, the trafficked person, the parents, spouse, siblings,
children or legal guardian may file a complaint for
trafficking.
Sec. 10. Penalties and Sanctions. - The following
penalties and sanctions are hereby established for the
offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts
enumerated in Sec. 4 shall suffer the penalty of
imprisonment of twenty (20) years and a fine of not less
than One million pesos (P1,000,000.00) but not more than
Two million pesos (P2,000,000.00);
(b) Any person found guilty of committing any of the acts
enumerated in Sec. 5 shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less
than Five hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Sec.
6 shall suffer the penalty of life imprisonment and a fine of
not less than Two million pesos (P2,000,000.00) but not
more than Five million pesos (P5,000,000.00);
(d) Any person who violates Sec. 7 hereof shall suffer the
penalty of imprisonment of six (6) years and a fine of not
less than Five hundred thousand pesos (P500,000.00) but
not more than One million pesos (P1,000,000.00);
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(e) If the offender is a corporation, partnership, association,
club, establishment or any juridical person, the penalty shall
be imposed upon the owner, president, partner, manager,
and/or any responsible officer who participated in the
commission of the crime or who shall have knowingly
permitted or failed to prevent its commission;
(f) The registration with the Securities and Exchange
Commission (SEC) and license to operate of the erring
agency, corporation, association, religious group, tour or
travel agent, club or establishment, or any place of
entertainment shall be cancelled and revoked permanently.
The owner, president, partner or manager thereof shall not
be allowed to operate similar establishments in a different
name;
(g) If the offender is a foreigner, he shall be immediately
deported after serving his sentence and be barred
permanently from entering the country;
(h) Any employee or official of government agencies who
shall issue or approve the issuance of travel exit clearances,
passports, registration certificates, counseling certificates,
marriage license, and other similar documents to persons,
whether juridical or natural, recruitment agencies,
establishments or other individuals or groups, who fail to
observe the prescribed procedures and the requirement as
provided for by laws, rules and regulations, shall be held
administratively liable, without prejudice to criminal liability
under this Act. The concerned government official or
employee shall, upon conviction, be dismissed from the
service and be barred permanently to hold public office.
His/her retirement and other benefits shall likewise be
forfeited; and
(i) Conviction by final judgment of the adopter for any
offense under this Act shall result in the immediate
rescission of the decree of adoption.
Sec. 11. Use of Trafficked Persons. - Any person who
buys or engages the services of trafficked persons for
prostitution shall be penalized as follows:
(a) First offense - six (6) months of community service as
may be determined by the court and a fine of Fifty thousand
pesos (P50,000.00); and
(b) Second and subsequent offenses - imprisonment of one
(1) year and a fine of One hundred thousand pesos
(P100,000.00).
Sec. 12. Prescriptive Period. - Trafficking cases under
this Act shall prescribe in ten (10) years: Provided, however,
That trafficking cases committed by a syndicate or in a large
scale as defined under Sec. 6 shall prescribe in twenty (20)
years.
The prescriptive period shall commence to run from the day
on which the trafficked person is delivered or released from
the conditions of bondage and shall be interrupted by the
filing of the complaint or information and shall commence to
run again when such proceedings terminate without the
accused being convicted or acquitted or are unjustifiably
stopped for any reason not imputable to the accused.