Module 2.5: Crimes Against Public Morals

1. Learning Objectives

By the end of this module, you should be able to:

Define and differentiate the various forms of illegal gambling penalized under the Revised Penal Code.
Identify the elements of offenses against decency and good customs, such as grave scandal and the circulation of obscene materials.
Understand the legal framework surrounding vagrancy and prostitution in the Philippines.
Recognize the key provisions of special laws related to public morals, including those against human trafficking, voyeurism, and cybercrime.
Apply the legal principles of crimes against public morals to hypothetical scenarios relevant to the Criminology Licensure Exam.

2. GAMBLING AND BETTING (Art. 195-199)

Gambling, while a socially tolerated activity in some forms, is strictly regulated. The state penalizes unauthorized gambling to curb its negative social and economic effects.

A. ILLEGAL GAMBLING (Art. 195 as amended by PD 1602 and RA 9287)

Definition: Illegal gambling involves staking money or any object of value on a game or scheme whose outcome depends wholly or chiefly on chance. It is punishable when conducted without a license or permit from the appropriate government agency.
What constitutes gambling:
- Any game of chance or skill-based game where betting is involved.
- PD 1602 (as amended by RA 9287) lists various forms, including:
  - Jueteng, masiao, and other number games.
  - Cara y cruz, black jack, baccarat, and other card games.
  - Mahjong (if played with betting).
  - Horse racing bookies and other sports betting outside authorized outlets.
- The law penalizes not just the players, but more heavily the collectors, agents, coordinators, and maintainers/operators of the illegal gambling operation.

B. IMPORTATION, SALE, AND POSSESSION OF LOTTERY TICKETS (Art. 196)

This article penalizes individuals who, without proper authorization, import, sell, or possess lottery tickets or advertisements for lotteries that are not sanctioned by the Philippine government. This includes foreign lottery tickets.

C. BETTING IN SPORTS (Art. 197)

This article punishes individuals who engage in betting on the results of sports events, such as boxing, basketball, or other athletic competitions. This applies to both the person placing the bet and the person collecting or soliciting bets (bookie).

D. ILLEGAL COCKFIGHTING (Art. 199)

This article penalizes unauthorized cockfighting.
PD 449 (Cockfighting Law of 1974): This law governs the conduct of cockfighting in the Philippines.
- Cockfighting is only legal in licensed cockpits on Sundays, legal holidays, and specific local fiestas (for not more than three days).
- Any cockfighting ("tupada") held outside these designated places and times is considered illegal.
- The law also penalizes betting with minors and promoting cockfighting for fraudulent purposes.

3. OFFENSES AGAINST DECENCY AND GOOD CUSTOMS (Art. 200-202)

These crimes are intended to protect public morality and the established norms of social conduct.

A. GRAVE SCANDAL (Art. 200)

Elements:
1. The offender performs an act in a public place or within public view.
2. The act is highly scandalous as to offend decency and good customs.
3. It is not one of the crimes of adultery, concubinage, or acts of lasciviousness.
What constitutes "highly scandalous": The act must be a notorious violation of decency and morality. It is judged based on the community's standards.
- Example: A couple engaging in sexual acts in a public park.

B. IMMORAL DOCTRINES, OBSCENE PUBLICATIONS, AND EXHIBITIONS (Art. 201)

Three acts punished:
1. Publicly expounding or proclaiming doctrines contrary to public morals.
2. Authoring, editing, or publishing obscene literature, posters, or other materials.
3. Producing, exhibiting, or showing indecent or immoral plays, scenes, acts, or movies.
The test for obscenity is whether the material, taken as a whole, has a dominant theme that appeals to prurient interest and is offensive to contemporary community standards.
Anti-Child Pornography Act (RA 9775): This special law specifically penalizes the production, distribution, and possession of child pornography, with much harsher penalties than Art. 201.

C. VAGRANCY AND PROSTITUTION (Art. 202, as amended by RA 10158)

RA 10158 (2012) decriminalized vagrancy. Before this amendment, a person was considered a vagrant if they had no apparent means of subsistence and were found loitering. This is no longer a crime.
Prostitution: The law now primarily focuses on prostitution.
- A prostitute is defined as a woman who, for money or profit, habitually engages in sexual intercourse or lewd acts with various persons.
- While the prostitute herself may be penalized, modern jurisprudence and related laws often treat them as victims, focusing prosecution on the pimps, traffickers, and those who exploit them.

4. RELATED SPECIAL LAWS

These laws provide a more robust and specific framework for addressing modern manifestations of crimes against public morals.

Anti-Trafficking in Persons Act (RA 9208, as amended by RA 10364): Punishes human trafficking, which often involves forcing or deceiving individuals into prostitution, pornography, or sexual exploitation. It treats victims of trafficking as victims, not criminals.
Anti-Photo and Video Voyeurism Act (RA 9995): Penalizes the act of taking photos or videos of a person engaged in a private act, or of their private areas, without their consent, and the act of distributing such materials.
Anti-Child Pornography Act (RA 9775): A specific and stringent law penalizing all activities related to child pornography. It carries severe penalties and mandates protection for child victims.
Cybercrime Prevention Act (RA 10175): Punishes cybersex, child pornography, and other unsolicited commercial communications. It provides a legal framework for crimes committed using information and communication technologies.

5. Important Notes and Updates in Philippine Law

Shift in Focus: There is a notable legal and societal shift from penalizing the individuals (like prostitutes or vagrants) to targeting the syndicates and individuals who exploit them. Laws like RA 9208 emphasize the vulnerability of victims.
Decriminalization of Vagrancy: RA 10158 is a landmark amendment, recognizing that poverty should not be criminalized.
Technological Impact: Laws like RA 9995 and RA 10175 were enacted to address how technology has created new avenues for committing crimes against public morals.
RA 9287: This law increased the penalties for illegal numbers games, reflecting a stronger stance against organized illegal gambling.

6. Quick Review Summary Table

Crime Category	RPC Article	Key Act/Element	Related Laws
Illegal Gambling	Art. 195-199	Betting on games of chance without a government permit.	PD 1602, RA 9287, PD 449
Grave Scandal	Art. 200	Performing a highly offensive act in public that shocks community morals.	-
Obscene Materials	Art. 201	Creating or distributing materials that appeal to prurient interest.	RA 9775, RA 10175
Prostitution	Art. 202	Habitually engaging in sexual acts for profit.	RA 9208 (Anti-Trafficking)
Voyeurism	N/A (SPL)	Taking private photos/videos without consent.	RA 9995
Human Trafficking	N/A (SPL)	Recruiting or exploiting persons for prostitution or pornography.	RA 9208

7. 20 Multiple Choice Practice Questions

What is the primary legal basis that decriminalized vagrancy in the Philippines? a) RA 9208 b) RA 10158 c) PD 1602 d) Art. 202 of the RPC itself
A person who, for money, habitually engages in sexual intercourse with various persons is classified under Art. 202 as a: a) Vagrant b) Social deviant c) Prostitute d) Grave scandal offender
Under PD 449, when is cockfighting NOT considered legal? a) On a legal holiday in a licensed cockpit. b) On a Saturday in a licensed cockpit. c) During a local fiesta for a period of two days. d) On a Sunday in a licensed cockpit.
Which of the following is NOT an element of Grave Scandal (Art. 200)? a) The act is performed in a public place. b) The act is highly scandalous. c) The offender is a public officer. d) The act is not any of the crimes against chastity.
This law penalizes the act of taking a video of a person inside a fitting room without their consent. a) RA 10175 (Cybercrime Prevention Act) b) RA 9775 (Anti-Child Pornography Act) c) RA 9995 (Anti-Photo and Video Voyeurism Act) d) Art. 201 of the RPC
Which of the following is considered the primary law against illegal numbers games like jueteng? a) Art. 195 of the RPC b) RA 9287 c) PD 449 d) PD 1602
The act of publicly proclaiming doctrines contrary to public morals is penalized under: a) Art. 200 (Grave Scandal) b) Art. 201 (Immoral Doctrines) c) Art. 202 (Prostitution) d) Art. 195 (Illegal Gambling)
Which law provides a comprehensive legal framework against recruiting, transporting, or harboring a person for the purpose of sexual exploitation? a) RA 9995 b) RA 9208 c) RA 10158 d) RA 9775
What is the legal standard used to determine if a material is obscene? a) It is disliked by the church. b) It contains nudity. c) It appeals to prurient interest and offends contemporary community standards. d) It is not suitable for children.
Which of the following roles in an illegal gambling operation typically receives the highest penalty under RA 9287? a) The bettor/player. b) The collector or agent. c) The maintainer or financier. d) The bettor who wins.
"Tupada" refers to: a) Legal cockfighting. b) Illegal and unlicensed cockfighting. c) A type of card game. d) A form of illegal numbers game.
The Cybercrime Prevention Act of 2012 (RA 10175) penalizes which of the following online activities? a) Playing online chess with friends. b) Engaging in cybersex. c) Posting old family photos. d) Watching documentary films.
A group of friends was caught playing mahjong in a private residence. When can this be considered illegal gambling? a) It is always illegal. b) If they are playing during midnight. c) If betting is involved. d) If one of the players is a minor.
The importation and sale of foreign lottery tickets without authorization is a crime under: a) Art. 195 b) Art. 196 c) Art. 197 d) Art. 199
An artist displays a painting in a public gallery that depicts graphic sexual acts, causing public outrage. What crime may the artist be liable for? a) Grave Scandal (Art. 200) b) Offending Religious Feelings (Art. 133) c) Obscene Exhibition (Art. 201) d) None, it is freedom of expression.
Which of the following special laws focuses specifically on penalizing the production and distribution of sexually explicit materials involving minors? a) RA 9208 b) RA 9995 c) RA 9775 d) RA 10175
Before it was decriminalized, vagrancy under Art. 202 penalized a person for: a) Having no visible means of subsistence. b) Engaging in prostitution. c) Public intoxication. d) Begging in public.
A "bookie" is a person who collects bets for sports events. This act is penalized under: a) Art. 195 (Illegal Gambling) b) Art. 197 (Betting in Sports) c) Art. 199 (Illegal Cockfighting) d) PD 1602
The key principle of RA 9208 (Anti-Trafficking Act) is to: a) Punish prostitutes more severely. b) Treat trafficking victims as victims, not criminals. c_ Legalize certain forms of prostitution. d) Increase penalties for illegal recruitment only.
Which of the following is LEAST likely to be considered a crime against public morals? a) Operating an unlicensed casino. b) Selling a pornographic magazine. c) A loud argument between two people in a public market. d) Engaging in sexual acts inside a public bus.

Answer Key and Explanations

b) RA 10158 - This Act amended Article 202 of the Revised Penal Code to decriminalize vagrancy.
c) Prostitute - This is the specific definition provided in Article 202 for a woman who habitually engages in sexual acts for profit.
b) On a Saturday in a licensed cockpit. - PD 449 only allows cockfighting on Sundays, legal holidays, and specific fiestas. Saturdays are not included.
c) The offender is a public officer. - The offender's status as a public officer is not a required element for grave scandal.
c) RA 9995 (Anti-Photo and Video Voyeurism Act) - This law specifically punishes taking photos or videos of private acts or areas without consent.
b) RA 9287 - This law is an amendment to PD 1602 and is specifically titled "An Act Increasing the Penalties for Illegal Numbers Games."
b) Art. 201 (Immoral Doctrines) - This article directly penalizes the act of expounding doctrines contrary to public morals.
b) RA 9208 - The Anti-Trafficking in Persons Act is the primary law that addresses the evils of human trafficking for any purpose, including sexual exploitation.
c) It appeals to prurient interest and offends contemporary community standards. - This is the established legal test (Miller test derivative) used by courts to determine obscenity.
c) The maintainer or financier. - RA 9287 imposes the highest penalties on the operators and financiers of illegal gambling, as they are central to the operation.
b) Illegal and unlicensed cockfighting. - "Tupada" is the common term for cockfights held outside of licensed cockpits and legal days.
b) Engaging in cybersex. - The Cybercrime Prevention Act explicitly lists cybersex as a punishable offense.
c) If betting is involved. - The essence of gambling is the wager or bet. Without it, a game of mahjong is just a social activity.
b) Art. 196 - This article specifically covers the unauthorized importation, sale, or possession of lottery tickets.
c) Obscene Exhibition (Art. 201) - This falls under the provision of Art. 201 that punishes exhibiting indecent or immoral scenes or objects.
c) RA 9775 - The Anti-Child Pornography Act is the specific law that deals with this heinous crime.
a) Having no visible means of subsistence. - This was the core definition of a vagrant under the old version of Article 202.
b) Art. 197 (Betting in Sports) - This article is the specific provision that penalizes betting on the results of any sport or athletic competition.
b) Treat trafficking victims as victims, not criminals. - A central tenet of RA 9208 is to protect the victims and prosecute their exploiters.
c) A loud argument between two people in a public market. - While it might be a disturbance (unjust vexation or alarm and scandal), it does not inherently relate to public morals in the context of gambling, obscenity, or sexual conduct.