ALCOHOLISM

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LEGAL ASPECTS AND THE thereof, is either dangerous

PROBLEM OF ALCOHOLISM to himself or to others, or is


a cause of harm or serious
annoyance to his family or
A. DEFINITION OF TERMS his affair or of ordinary
proper conduct. He has
1. Alcoholism lesser resistance to the
 Is the state or condition of a effect of alcohol.
person produced by drinking
intoxicating liquors 4. Chronic Alcoholics
excessively and with  Person who, from the
habitual frequency. (State vs prolonged and excessive
Savage 89 Ala. 17 L.B 426, use of alcoholic beverages,
7 South, Rep. 183) It is a finally develops physical and
condition wherein a person psycho changes and
is under the influence or dependence to alcohol. The
intoxicated with alcohol. His person consciously or
physical condition and unconsciously begins to
behavior has been modified demand on alcohol’s
to a certain extent by the narcotic effects for a “pick-
effects of alcohol. up”, to sleep at night, to feel
“good”, to cope with
2. Alcoholic Liquor business or domestic
 Is any beverages or problems, to enjoy social
compound, whether distilled, gatherings, to get away from
fermented, or otherwise, oneself, to repress inner
which will produce urges or rebellion or
intoxicated or which contains resentment, and to relieve
in excess of one percentum distressing restlessness.
of alcohol and is used as a  Note: This person develops
beverage (state vs oliver, physical and moral
133 S.C 125, 130 S.S Rep. deterioration, difficulties with
213) the law, loss of his job and
family problems.
3. Drunkard
 Is a person who habitually B. DRUNKENNESS AS A CRIME
takes or uses any Most nations in the world have laws
intoxicating alcoholic liquor making drunkenness a criminal
and while under the offense. In the Philippines,
influence of such; or in drunkenness in itself is not a crime
consequence of the effect because a person may drink to
excess in the privacy of his home or days immediately preceding the
in the gaiety of a party and commit no day of the voting and during the
crime at all. It is only when the voting and canvass”
drunken person exhibits his condition
publicity, or disturbs endangers, or
injures others that he becomes an Regulations on Liquor as to Place
offender and therefore, subject to 1. Section 1, Ordinance 4153 of
arrest and punishment. Drunkenness, the City of Manila provides that
however, are considered “the serving of beer; liquor or
misdemeanor (maliit na kasalanan) alcoholic beverages of any kind
punishable by existing ordinances, of to public by sari-sari-stores or
certain cities, towns and similar establishments is
municipalities. In the city of Manila, prohibited”
the use of alcohol and other alcoholic
beverages are regulated by 2. Section 2, (same Ordinances)
ordinances as to TIME, PLACE, provides that “the drinking of
PERSON. beer, liquor, or alcoholic
beverages of any kind in sari-
Regulations on Liquor as to Time sari stores or similar
establishments not licenses as
1. Section 679-d, Revised restaurant, panciteria,
Ordinances of the City of Manila carinderia, hotel or bar, as well
provides that the selling, giving as in the street, by the
away or otherwise, disposal of any sidewalk, in an alley, whether
beverages or intoxicating liquors public or private, and in any
shall be prohibited during the park, or plazas is hereby
hours of 2:00 to 5:00 o’clock in the prohibited”.
morning everyday including
Sundays and Holidays by bars, 3. Section 679, par. (g), Revised
saloon, resturants, and other Ordinances (City of Manila)
drinking places, except when the provides that “no license shall
selling, giving away, or otherwise be granted for the sale of
disposal is done on private intoxicating liquors in public
dwelling. markets, kiosks, booths, or
stand situated in the public
2. Section 52, Republic Act No. 180 streets, or plazas, or to street
(Revised Election Code, as vendors or peddlers, or in any
amended) Par. (a) provides “that it case, to an establishment
is unlawful to sell, furnished, offer located within a radius of 200
or take intoxicating liquors on any meters from any institution of
registration days and on the two learning”.
NOTE: The ordinance apply only restaurant, café, or drinking places or
to those establishment to be any public places”.
opened in the future but not to
those already existing before.

Regulations on Liquor as to a
Persons
1. Section 821, Revised Ordinances, as PROSTITUTION
amended by Ordinance No. 5052
(City of Manila) provides that “no
person shall be drunk or intoxicated, I. DEFINITION OF TERM:
or behave in a drunken, boisterious, 1. Prostitution – it is an act or
rude, or indecent manner in any practice of woman who engages
public place, or premises to the or habitually indulges in sexual
annoyance of another person”. intercourse for money or profit.
2. Prostitute – a woman engage in
2. Par. 4, Article 155, Revised Penal discriminate sexual intercourse or
Code provides that “it shall be acts with males for hire.
unlawful for any person who, while
intoxicated xxxxxx cause any 3. Flap – one who owns or manages
disturbance or scandal in public houses of ill-refute where the
places …. Xxx” business of prostitution if
conducted. Sometimes they are
3. Par. (a), Section 838, Revised called “madame or mama san”
Ordinances (City of Manila) provides 4. White slaver – the procurement
that “the sale, giving away, or and transportation of women
otherwise disposing of any across stateline for immoral
intoxicating liquors to any minor purposes.
under eighteen (18) years of age or
any person in an intoxicated 5. Organized crime – includes
condition is prohibited xxxxx except gambling, prostitution, dope
when the minor buys the liquor for (narcotics), and other illegal or
some other person and not for their dubious business.
own use”. 6. Whores/knocker – it is name
often used for all types of
4. Par. (c), provides that “it shall be prostitute.
unlawful for any person under twenty
one (21) years of age to drink
alcoholic beverages and intoxicating II. INTRODUCTION
liquors in any saloon, bar, in,
Prostitution and gambling are two Statistics gathered by health
vices that have plagued or caused so organization throughout the world
such suffering to mankind. There is no proved beyond any doubt that venereal
country in the world that is free of these disease increases with an increase in
vices. Many efforts and many methods the amount of prostitution. Crime
have been devised at various times by syndicate wields enough money and
man in attempting to control these two power to manipulate businesses and
evils. However, up to the present there officials of major cities. If not controlled
has been no effective method of control. and prevented it will bared corruption
The police of country have a and chaos.
responsibility to all of the citizen’s to
For the existence of most of this
make concentrated effort to eliminate
organized crime, the individual citizen
these vices. The reason for these is
and no one else is to blame. A certain
quite simple. The two vices, prostitution
segment of people must be involved in
and gambling, have demoralizing and
partaking of the services offered by
deteriorating effect upon any and all
organized crime. Otherwise, if citizens
socities. Possibly the singke item that
refused these services, organized crime
makes it most difficult to many people
would go out of business
will verbally condems the two vices, and
yet practice or participate in them.
Causes of prostitution
Prostitution is often called the “oldest 1. Poor social background and
profession” in the world and records of personality handicaps are some of
prostitution exist since the beginning of the basis for drift into prostitution.
recorded history. Prostitution today, 2. Previous sexual expirence, mostly
although controlled and against the law unfortunate and in or our of
in most countries is still legal in some wedlock.
other countries. In some countries the
laws are designed to combat the so 3. Contact with persons in or on the
called commercialized type of fringe of the business of
prostitution. prostitution.
4. Love for money and luxury on the
part of the prostitute.
Two Basic Reasons Why Prostitution
Must Be Suppressed 5. Lack of restraining check from
neighbors, social environments and
1. Control of venereal disease (VD) laxity of social control much as the
2. Prevent organized crime agency for religious traning and
reforms.
6. The influence of contraceptives and prostitute exists as well as the supply,
preventive treatment for venereal the practice cannot be totally eliminated.
disease. Arrests, detention and punishment of
prostitutes would only drive them to
7. Efforts to support another vices
clandestine Activities in places where
such as drug addiction or
they cannot be effectively controlled and
alcoholism.
inspected. In view thereof, the following
8. For the unwilling prostitutes, they regulatory policy has been adopted to
are victims of white slaves traffic provide the necessary protection for the
such as kidnapping innocent girls, society.
keeping them under physical
restraint, forcible abduction of
women and victims of crimes 1. Segregation of brothels and soliciting
against chasity. to restricted districts.
9. The indifference of law enforcement 2. Public licensing of houses of
authorities in safeguarding the prostitution
virtues of women and lack of
3. Registration of prostitutes to protect
courage of the victim of white
them from the exploitation of white
slaves trade to pursue the
slave trade.
prosecution of cases filed against
prepetrators. 4. Periodic medical examination of
prostitutes and public health
10. Social causes of prostitution such
education.
as:
5. Legalization of the practice of
a) Broken families
prostitution under government
b) Anonymity of city life
supervision and control to make it
c) Poverty and others
more realistic.
6. That arrest of prostitutes be handled
B. THE SCHOOL OF REGULATORY by non-police agencies but should be
CONTROL taken care by social workers and
medical men.
This method maintains the idea that
we cannot do away with prostitution 7. Finally, the rehabilitation of
unless we consider the problems and prostitutes by providing them jobs
remove the causes of prostitution. The and facilities to earn a decent living.
scheme originated from the French
System of controlling the prostitutes
under the direction of Napoleon
Bonaparte in 1808 while he was trying
to protect his soldiers from the vile of
In gambling as in business, the
head of the organization is in a position
to take the largest profit. He may have
operating for him many gamblers and
proprietors using his equipment and
paraphernalia. Each of those person is
engaged in a continuing series of
GAMBLING criminal acts and each act result in
unfailing monetary gain. The total
number of criminal acts amounts into
II. DEFINITION OF TERMS: the hundred of thousands, for which the
head of the organization receives a
1. Gambling – it is a game or scheme percent of the profit in each act. Though
the result of which depends wholly or collected in small amounts, the total
chiefly upon chance or hazard amount is enormous. The general public
2. Chance or Hazard – is the uncertainty is unaware of the tremendous sums of
of the result of the game or when the money that are diverted from the normal
outcome of the game is incapable of business channels in this manner.
calculation by human reason,
foresight, sagacity or design. The tremendous profits from
3. Lottery – it is a scheme for the gambling are used to circumvent the
distribution of prizes by chance among law. Funds are made available to
persons who have paid or agreed to corrupt to influence, to bribe, to
pay a valuable consideration for the campaign, to employ the best legal,
chance to obtain a prize. talent to retain in office friendly, public
4. PAGCOR (Philippine Amusement and officials, and to remove unfriendly
Gambling Corporation) – office that ones.Gambling profits add to police
controls/regulates gambling games difficulty in the control of gambling itself.
like the casino.

III. DANGERS OF THE VICE OF


II. INTRODUCTION: GAMBLING

The laws relating to gambling are


not all uniform throughout the world. 1. An evil that undermine the social,
Moreover, the interpretation of gambling moral and economic growth of the
law, is in many cases, seemingly in nation.
consideration with the language of the 2. It is beyond the pale of good morals
statues on the subject. Inspite of this, it which has the effect of causing
is still the responsibility of the police to poverty, dishonesty, fraud, and deceit.
enforce such laws.
3. It causes man to neglect his social
obligations and the welfare of his
business as a source of income.
4. Women and mothers who wasted her
time at the gambling board may
neglect her duties to children and
cause serious problem and
proliferation of juvenile delinquency.

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