VICES

Vice – is any immoral conduct or habit, the indulgence of which leads to depravity, wickedness and
corruption of the minds and the body.

DIFFERENT FORMS OF VICES:

1) Drug addiction
2) Alcoholism
3) Prostitution
4) Gambling

IMPORTANCE OF THE STUDY OF VICE

 The study of vice is important because these crimes are ever present and persistent in all forms of
society.
 It is important because its evil effects are more disastrous, morally and physically that other crimes.
 It is important because commercialized vice disrupt the social make-up of the community.
 It is important because vice effect the daily lives of more people than the other crime.
 It is important because its existence caused a serious problem in law enforcement.

TERMS TO PONDER
ALCOHOLIC -A person who has experienced physical, psychological, social or occupational
impairment as consequence of habitual, excessive consumption of alcohol.

ALCOHOL ABUSE -Use of ethyl alcohol or liquor in a quantity and with a frequency that causes
the individual significant physiological, psychological, or sociological distress or
impairment.

ALCOHOLIC DEPENDENCE -A chronic lost of control over the consumption of alcoholic beverages despite
obvious psychological or physical harm to the person. Increasing amount are required overtime and
abrupt discontinuance may precipitate a withdrawal symptoms.

ALCOHOLIC LIQUOR -Any beverages or compound, whether distilled, fermented, or otherwise, which will
produce intoxication or which contains in excess of one percent of alcohol and used as a beverage.

DRUNKARD - A person who habitually takes or use any intoxicating alcohol liquor and while under the
influence of such, or in consequence of the effect thereof, is either dangerous to himself or to others.

ALCOHOLISM – which is also known as “Alcohol Dependence Syndrome” is a disease characterized by the
following:

a) Craving – strong need or compulsion to drink

b) Loss of Control – frequent inability to stop drinking once a person has begun to drink.
c) Physical Dependence – The occurrence of withdrawal symptoms, such as shakiness and anxiety when
alcohol use is stopped.

SOME PROBLEMS ARISING FROM ALCOHOLISM

a) Loss of employment which can lead to financial problems;

b) Marital Conflict and contribute to domestic violence;
c) Drinking at inappropriate times and behavior can lead to legal consequences, such as public disorder
(Alarm and Scandal).
DRUNKNESS AS A CRIME
-In the Philippines, drunkenness in itself is not a crime because a person may drink to excess in the privacy
of his home or in the party and commit no crime at all.

-It is only when a drunken person exhibits his condition publicly, or disturbs, endangers, or injured others,
that he became an offender and therefore, subject to arrest and punishment.

-Before and during elections, it is unlawful to sell or drink intoxicating liquor, as provided in the election
law.

-Under RA 4136, as amended, driving under the influence of liquor is prohibited.

KINDS OF INTOXICATION
1. Involuntary – when a drunken person does not know the intoxicating strength of beverage he has taken.

2. Intentional – when a person deliberately drinks liquor fully knowing its effects, either to obtain
mitigation or to find the liquor as stimulant to commit crime.

3. Habitual – when the person finds that drinking has a constant necessary and the vice ultimately takes
hold of him.

VARIOUS DEGREE OF INTOXICATION

1. Slight Inebriation – there is reddening of the face. There is no sign of mental impairment, in
coordination and difficulty of speech.

2. Moderate Inebriation – the person is argumentative and overconfident. There is slight impairment of
mental difficulties, difficulty of articulation, loss of coordination of finer movements. The face is flushed
with digested eyeball. He is reckless and shows motor in coordination. The person maybe certified by the
doctor as being under the influence of liquor.

3. Drunk – the mind is confused, behavior is irregular and the movement is uncontrolled. The speech us
thick and in coordinated. The behavior is uncontrollable.

4.Very drunk – the mind is confused and disoriented. There is difficulty in speech and marked motor
incoordination and often walking is impossible.

5. Coma – the subject is stuperous or in comatous condition. Sometimes it is difficult to differentiate this
condition with other conditions having coma.

Under Article 15 of the Revised Penal Code, intoxication is considered as an Alternative

Circumstances.

-It is considered a mitigating circumstance when the offender has committed a felony in a state of
intoxication, if the same is not habitual.

- It is considered an aggravating circumstance, when the intoxication is habitual or intentional.

 PROSTITUTION

PROSTITUTION -act or practice of providing sexual services to another person in return for payment.
- is the exchange of money for the performance of sexual act.

PROSTITUTE -Customarily used, to refer to a female person who engages in sex in exchange for money as
profession.

PHILANDERING -Is having casual/illicit sex with a number of people.

-It usually refers to men, and often in the context of cheating on a wife or girlfriend.

TO PHILANDER - Is to carry on romantic and/or sexual affairs outside a committed relationship.

PHILANDER -Is a serial cheater who betrays his spouse or long term partner repeatedly;
-The term usually refers to men (obviously, women have also been known to carry on affairs).

Pimp - One who provides gratification for the lust of others.

Operator or Maintainer – one who owns or manages houses of ill-refute where the business of
prostitution is conducted. Sometimes they are called “madame or mama san”.
White Slavery- The procurement and transportation of women cross stateliness for immoral purposes.
Whores/Knocker - It is a name often used for all types of prostitute.

AVAGRANTS AND PROSTITUTES (under RPC)

-Any person having no apparent means of subsistence, who has the physical ability to work and who
neglects to apply himself or herself to some lawful calling.

-Any person found loitering about public or semi-public building or places, or tramping or wandering
about the country or to the streets without visible means of support.

-Any idle or dissolute person who lodges in houses of ill-fame, ruffians or pimps and those who habitually
associate with prostitutes.

PROSTITUTES
- women, who for money or profit, habitually indulge in sexual intercourse or lascivious conduct.

REPUBLIC ACT NO. 10158

Signed last March 27, 2012, amended Article 202 of the Revised Penal Code removing vagrancy from the
country's list of crimes amid concerns it only targets the poor and the disadvantaged.

Although the poor or homeless people can no longer bevhauled to jail for vagrancy, the new law
continued to penalize women engaged in prostitution.

RA 10158, defined prostitutes as "women who for money or profit, habitually indulge in sexual intercourse
or lascivious conduct."

REPUBLIC ACT NO. 10158

A person found guilty of prostitution is punished by imprisoned from one to 30 days or a fine not
exceeding P200.
In case of recidivism, they are punished by arresto mayor in its medium period to prison correccional in its
minimum period or a fine ranging from P200 to P2,000, or both, depending on the court.

With the enactment of the law, all pending vagrancy cases meantime shall be dismissed and all persons
serving sentence for violating the vagrancy law shall immediately be released.

TYPES OF PROSTITUTES ON THE BASIS OF OPERATION

1. CALL GIRLS - These are the part-time prostitutes. They have their own legitimate work or profession but
works as a prostitutes to supplement their income. Sometimes they are tellers, sales-ladies of department
stores, waitresses, beauticians, or engage in similar jobs that they use to make contacts with customers.
- They receive telephone calls from a selected group of customers and make arrangements to meet them
at a designated place.
- She may work alone or in partnership with an intermediary with whom she shares her earnings.

2. HUSTLER - Professional type of prostitutes. She maybe a bar or tavern “pick-up” or a “street walker”.
- The bar or tavern “pick-up” frequents places where liquor is sold, sometimes operating with the consent
and knowledge of the management.
- The streetwalker is the oldest and the most common type of prostitute. She may work with taxi-drivers
and commits prostitution in a taxi-cab. Her common customers are the tourists, gamblers, criminals,
Addicts and others.
- Their operation is oftentimes associated with swindling their customers.

3. DOOR KNOCKER - This is the occasional or selective type of prostitute.

- She is usually a newcomer in the business oftentimes, they are motivated by extreme desire for money
due to poverty or supporting their other vices.
- She makes contact thru information coming from the professional and hustler who are
friends who gives her addresses of prospective customers.

4. FACTORY GIRLS - Is the real professional type of prostitutes?

- She works in regular houses of prostitution orvbrothels.
- She accepts all comers and has nothing to dovwith the selecting and soliciting the customers.
- She works in regular hours or tour of duty under the direct supervision of the madam or operator of the
prostitution house.
- She gets her share of the earnings by commission or per customers.

TYPES OF PROSTITUTION HOUSES

1. Disorderly Houses
2. Furnished Room House
3. Call Houses
4. Massage Clinics

DISORDERLY HOUSES
- Usually ridges several numbers of factory girls or professional prostitutes and under the control of an
organized crime ring.

- A “madam” or “maintainer” supervises the operation supported by a staff of teller (cashier), bell or room
boys, register clerks, watchmen, pimps and security guards known as bouncer.

- Their operation appears to be a legitimate business entity mostly under the protection of crooked
policemen or law enforcement authorities and their location is prominently known to all their customers.

- They have number of small rooms with the prostitutes staying there at where they wait for customers. At
times, the house provided with secret exits ready for escaping in case of police
raids.

FURNISHED ROOM HOUSE

- usually operated by an experienced “madam” who rent rooms to legitimate roomers in order to maintain
an appearance of responsibility. Purposely, the madam leaves several rooms not rented to legitimate
roomers for ready use of the prostitution.

- These prostitutes are mostly the call girls who make the room their designated places in perpetrating
their business.

-Their rent is on per customers basis or they maintain the rent continuously but the prostitutes do not live
there permanently but elsewhere to maintain their anonymity and identity.

-These houses could be found mostly in flashy subdivision or residential areas.

CALL HOUSES
- This is where the customers call and the madam makes the arrangement and sends the girls by a
transporter who is a ma n or woman to the place arrangement.

- The house appears to be a legitimate business house such as service agencies, travel offices, coffee
shops, beauty parlors and the like duly licensed and registered as such with the government office.

- However, the telephone number is limited only to qualified customers as recommended by their pimps
who conducts the background investigation on the ability of the prospective customers to pay.

MASSAGE CLINICS
- These houses are operated under a licensed or permit issued by the government but acts as a front for
prostitution where the act maybe done or as per arrangement.

- They operate with barbershops with manicurists or “attendants” and “massagists” who while servicing
their customers may make contacts or the prostitutes or themselves.

- These prostitutes are sometimes the newcomers in the business who do not earn much as attendants or
massagists.

CONTROL AND PREVENTION OF PROSTITUTION

A. THE SCHOOL OF REGULATORY CONTROL
- This method maintains the idea that we cannot do away with prostitution unless we consider the
problems and remove the causes of prostitution.

- The following regulatory policy has been adopted to provide the necessary protection for the society.
- Segregation of brothels and soliciting to restricted districts.
- Public licensing of houses of prostitution
- Registration of prostitutes to protect them from the
- Periodic medical examination of prostitutes and public health education.
- Legalization of the practice of prostitution under government supervision and
- control to make it more realistic.
- That arrest of prostitutes be handled by non police agencies but should be taken care by social workers
and medical men.
- Finally, the rehabilitation of prostitutes by providing them jobs and facilities to earn a decent living.
B. THE SCHOOL OF TOTAL REPRESSION
- This method believes that prostitution is both a crime and a vice and therefore, should be repressed and
totally prohibited.

- It maintains that chastity and continence should be the rule of conduct for everybody and to allow
prostitution would be to abet immorality and white slave trade

- As to licensing of prostitution, this school of thought argues that it invites men to enjoy promiscuity free
and easy and without fear of the law.

RELATED LAWS ON THE PROTECTION OF WOMEN AND CHILDREN

- RA 7610, as amended, (Special Protection of children against child abuse, exploitation and discrimination
Act)
- Penalize those who engage in or promote, facilitate or induce child prostitution, who commit the act of
sexual intercourse or lascivious conduct with a child exploited in prostitution and who derived profit on
advantage therefrom, whether as a manager or owner of the establishment.
-penalty of reclusion temporal in its medium period to reclusion perpetua

GAMBLING

GAMBLING -Wagering of money or something of material value on an event with an uncertain outcome
with the primary intent of winning additional money and/or material goods.

ILLEGAL NUMBERS GAME -Any form of illegal gambling activity which uses numbers or combination as
factors in giving out jackpots.

JUETENG -Illegal numbers game that involves the combination of numbers as a form of local lottery where
bets are placed and accepted per combination.

MASIAO -Illegal numbers game where the winning combination is derived from the results of the last
game of Jai Alai or the Special Llave portion.

LAST TWO -Illegal numbers game where the winning combination is derived from the last two numbers of
the first prize of the winning Sweepstakes ticket.

BETTOR (Mananaya) -Any person, who places bets for himself/herself or in behalf of another person,
other than the personnel or staff of any illegal numbers game operation.

COLLECTOR or AGENT (Cabo, Cobrador) -Any person who collects, solicits or produces bets in behalf of
his/her principal for any illegal numbers game who is usually in possession of gambling paraphernalia.

MAINTAINER, MANAGER OR OPERATOR -Any person who maintains, manages, or operates

any illegal number game in a specific area.

FINANCIERS OR CAPITALIST -Any person who finances the operations of any illegal numbers game.

PROTECTOR OR CODDLER -Any person who lends or provides protection, or receives benefits in any
manner in the operation of any illegal numbers game.
RELATED LAWS ON GAMBLING
Article 195 of RPC. Acts punishable in gambling
– any person directly or indirectly take part in any game of Monte, jueteng, other form of lottery, policy,
banking or percentage game, dog races or any other game the result of which depends wholly upon a
chance wherein wagers consisting of money, articles of value, or representative of value are made.

Article 195 of RPC. (Penalty)

-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,
- 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.

Article 196 (RPC). Penalizing 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.
-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.

Article 197 (RPC). Betting in sports Contest – Penalizing any person who shall bet money or any object or
article of value or representative of value upon the result of any boxing or other
sports contest.
-The penalty of arresto menor or a fine not exceeding 200 pesos, or both.

Article 198 (RPC). Illegal betting on horse races – Penalizing any person who, except during the periods
allowed by law, shall bet on horse races.
- The penalty of arresto menor or a fine not exceeding 200 pesos, or both.

Article 199 (RPC). Illegal cockfighting – Penalizing any person who directly or indirectly participates in
cockfights, at a place other than a licensed
cockpit.
- The penalty of arresto menor or a fine not exceeding 200 pesos, or both, in the discretion of the court.

RA 3063 – Approved June 17, 1961

authorizing licensed race tracks and racing clubs and their authorized agent to offer, take or arrange bets
outside the place, enclosure of track where the races held.

Penalty - fine of not less than one thousand pesos not more than two thousand pesos or by imprisonment
for not less than one month or more than six months, or both, in the discretion of the court. If the
offender is a partnership, corporation or association, the criminal liability shall devolve upon its president,
director, or any other official responsible for the violation.

PD 449 – Cockfighting Law of 1974 – Approved May 9, 1974.

PD 483 - Penalizing Betting, Game-fixing or point shaving and Machinations in Sports Contents. Approved
on June 13, 1974.

PD 1602 – Approved June 11, 1978. prescribing stiffer penalties on illegal gambling.

RA 9287 – Approved 2, 2004 An Act increasing the penalties for illegal numbers games, amending certain
provisions of P.D. 1602, and for other purposes.