5/8/2021 Criminal Law Book 2 – Title Six | Philippine Law Reviewers

Philippine Law Reviewers

Criminal Law Book 2 – Title Six

JAN 25
Posted by Magz
TITLE SIX

I. CRIMES AGAINST PUBLIC MORALS

GAMBLING (195-99 repealed by PDs 449, 483 and 1602 as amended)

1. Illegal cockfighting (PD 449)

2. Be ing, game-fixing or point shaving and machinations in sports contests (PD 438)
3. Illegal gambling

PENALIZING BETTING, GAME-FIXING OR POINT-SHAVING AND

MACHINATIONS IN SPORTS CONTESTS

PD 483

Acts Punishable:

1. Be ing: Be ing money or any object or article of value of representative value upon the result of any
game, races and other sports contests.
2. 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.
3. 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.
4. 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.

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COCKFIGHTING LAW OF 1974

PD 449

1. Scope – This law shall govern the establishment, operation, maintenance and ownership of cockpits.
2. Rules:
1. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own, manage
and operated cockpits.
2. Only one cockpit shall be allowed in each city or municipality with a population of 100,000 or
less.
3. Cockpits shall be constructed and operated within the appropriate areas as prescribed in the
Zoning Law or ordinance.
4. When allowed:
1. Cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays
and during local fiestas for not more than 3 days; or
2. 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.

Limitations:

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.

1. 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.

1. No gambling of any kind shall be permi ed on the premises of the cockpit or place of cockfighting
during cockfights.
2. City or municipal mayors are authorized to issue licenses for the operation and maintenance of
cockpits.

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II. OFFENSES AGAINST DECENCY AND GOOD

CUSTOMS

Article 200

ELEMENTS OF GRAVE SCANDAL:

1. Offender performs an act

2. Act is highly scandalous as offending against decency or good customs
3. Highly scandalous conduct does not expressly fall within any other article of the RPC
4. Commi ed 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 commi ed
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 commi ed 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.

Article 201

IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS:

Persons liable:

1. Those who publicly expound or proclaim doctrines that are contrary to public morals
2. Authors of obscene literature, published with their knowledge in any form
3. Editors publishing such obscene literature
4. Owners or operators of establishments selling obscene literature
5. Those who exhibit indecent or immoral plays, scenes, acts or shows ion theaters, fairs, cinemas or any
other place
6. 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

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Test of obscenity: whether the ma er has a tendency to deprave or corrupt the minds of those who
are open to immoral influences. A ma er 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

1. those w/c glorify criminals or condone crimes

2. those w/c serve no other purpose but to satisfy the market for violence, lust or pornography
3. those w/c offend against any race or religion
4. those w/c tend to abet the traffic in and the use of prohibited drugs
5. those that are contrary to law, public order, morals, good customs, established policies, lawful
orders, decrees and edicts

Article 202

VAGRANTS AND PROSTITUTES:

Who are considered vagrants:

1. 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
2. Persons found loitering around public and semi-public places without visible means of support
3. Persons tramping or wandering around the country or the streets with no visible means of support
4. Idle or dissolute persons lodging in houses of ill-fame
5. Ruffians or pimps and those who habitually associate with prostitutes (may include even the rich)
6. 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 A empted theft
If not fenced and with no prohibition of Vagrancy
entry
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)

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

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About Magz

First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped
going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other
languages and a person who likes writing and blogging. I lost some important files and software when my
computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected
when I was at the law school and at the same time, I want to help out law students who do not have enough time to
go and read books in the library.
View all posts by Magz »
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