F. Title VI – Crimes Against Public Morals

Chapter 2: Offenses against Decency and Good Customs

Art. 200. Grave Scandal

Grave Scandal consists of acts which are offensive to decency and good customs which, having been committed publicly, give rise to public scandal to persons who have accidentally witnessed the acts

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Elements:

• That the offender performs an act/s;
• That such act/s be highly scandalous in terms of offending against decency or good customs;
• That the highly scandalous conduct does not expressly fall within any other article of the RPC; and
• That the act/s complained of be committed in a public place or within the public knowledge or view

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

Notes:

• Actual public view is not required. It is sufficient if committed in a public place.
• Being committed within public knowledge includes occurrence even in a private place; the number of people who see it is not material, except when seen by only one other person at night, thus negating the degree of publicity required.
• 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.

Art. 201. Immoral Doctrines, Obscene Publications and Exhibitions and Indecent Shows

Persons liable:

• Those who publicly expound or proclaim doctrines openly contrary to public morals;
• Authors of obscene literature, published with their knowledge in any form;
• Editors publishing such obscene literature;
• Those who exhibit indecent or immoral plays, scenes, acts or shows in theaters, fairs, cinematographs, or any other place open to public view; and
• Those who sell, distribute, or exhibit prints, engraving, sculptures or literature, which are offensive to morals.

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Elements:

• That the offender contracted marriage; and
• That he knew at the time that:
• Requirements of law were not complied with, or
• The marriage was in disregard of a legal impediment.

Qualifying circumstance: if either of the contracting parties obtains the consent of the other by means of violence, intimidation or fraud.

Requirements of the Law for Valid Marriage: (Arts. 2 and 3 of the Family Code)

• Legal capacity of the contracting parties who must be male and female;
• Consent freely given in the presence of the solemnizing officer;
• Authority of the solemnizing officer;
• A valid marriage license, except in marriages of exceptional character; and
• A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age

Notes:

• Uncles and nieces cannot marry because their relationship is a legal impediment. (REYES, BOOK TWO, p.1018)
• Conviction for violation of Art. 350 involves moral turpitude. The convicted respondent is thus disqualified from being admitted into the Bar
• The offender must not be liable for bigamy.

Art. 351. Premature Marriages

Scope of obscene literature or immoral or indecent plays, scenes or acts:

• Those which glorify criminals or condone crimes;
• Those which serve no other purpose but to satisfy the market for violence, lust or pornography;
• Those which offend against any race or religion;
• Those which tend to abet the traffic and the use of prohibited drugs; and
• Those that are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts

Kinds of Oral Defamation:

• Grave Slander - defamation is of a serious and insulting nature; and
• Simple Slander - light insult or defamation

Notes:

• One of those above-mentioned acts is sufficient to constitute the offense.
• Habituality is not a necessary element of this crime.
• Offender need not be owner of the house used for prostitution and need not be present there at time of the raid; it suffices that he maintains or engages in the business carried out there.
• “Under any pretext” – if the real purpose is prostitution, it does not matter if one engages the services of a woman ostensibly as a maid, for example.

Kinds of Illegal Associations:

• Those totally or partially organized for the purpose of committing a felony; and
• Those totally or partially organized for purposes contrary to public morals

Nature of acts notoriously offensive to feelings

Acts notoriously offensive to the feelings of the faithful must be directed against religious practice, dogma or ritual for the purpose of ridicule, such as mocking or scoffing or attempting to damage an object of religious veneration.

Public Morals

Refers to matters which affect the interest of society and public convenience and is not limited to good customs.