Title Six CRIMES AGAINST PUBLIC MORALS Chapter One. Gambling and Betting Article 195.

Gambling Article 196. Importation, sale and possession of lottery tickets or advertisements Article 197. Betting in sport contests (REPEALED) Article 198. Illegal betting on horse races Article 199. Illegal cockfighting Chapter Two. Offenses against Decency and Good Custom Article 200. Grave scandal Article 201. Immoral doctrines, obscene publications and exhibitions Article 202. Vagrancy and prostitution

Who are punishable? 1. Any person other than those referred to in the succeeding sub-sections who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games What are illegal or unauthorized activities or games? cockfighting, jueteng, lotteries, games using dice, card games, games using plastic tiles (mahjong), mechanical contraptions and devices (slot machines), races, individual or team contests where game fixing, point shaving and other machinations are present, banking or percentage game IN GENERAL: or any other game scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value are at stake or made 2. Any person who shall knowingly permit any form of gambling referred to in the preceding subparagraph to be carried on in inhabited or uninhabited place or in any building, vessel or other means of transportation owned or controlled by him. 3. The maintainer or conductor of the above gambling schemes. 4. Any person who shall, knowingly and without lawful purpose in any hour of any day, possess any lottery list, paper or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers which have taken place or about to take place. 5. Any barangay official who, with knowledge of the existence of a gambling house or place in his jurisdiction fails to abate the same or take action in connection therewith. 6. Any security officer, security guard, watchman, private or house detective of hotels, villages, buildings, enclosures and the like which have the reputation of a gambling place or where gambling activities are being held. Penalty is higher: 1. If the place where gambling is carried on has a reputation of a gambling place or that prohibited gambling is frequently carried on therein; If the place is a public or government building or barangay hall; If the maintainer, conductor or banker of said gambling schemes is a government official, or where such government official is the player, promoter, referee, umpire, judge or coach in case of game fixing, point shaving and machination.

Article 195. Gambling Acts punishable:

1.

Taking part directly or indirectly in a. any game of monte, jueteng, or any other form of lottery, policy, banking, or percentage game, dog races, or any other game or scheme the results of which depend wholly or chiefly upon chance or hazard; or wherein wagers consisting of money, articles of value, or representative of value are made; or b. the exploitation or use of any other mechanical invention or contrivance to determine by chance the loser or winner of money or any object or representative of value;

2. Knowingly permitting any form of gambling to be carried on in any place owned or controlled by the offender; 3. Being maintainer, conductor, or banker in a game of jueteng or similar game; 4. Knowingly and without lawful purpose possessing lottery list, paper, or other matter containing letters, figures, signs or symbol which pertain to or are in any manner used in the game of jueteng or any similar game.
PRESIDENTIAL DECREE NO. 1602 Prescribing Stiffer Penalties On Illegal Gambling

2.

3.

Very important!!! Informer's reward!!! Any person who shall disclose information that will lead to the arrest and final conviction of the malefactor shall be

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 Gambling is any game or scheme, whether upon chance or skill, wherein wagers consisting of money, articles or value or representative of value are at stake or made. Reason for prohibiting/punishing gambling: to repress and evil that undermines the social, moral and economic growth of the nation. Under P.D. No. 1602, it seems that when the law names the games, punishing any person who take part therein, its purpose is to prohibit absolutely those games. Spectators are not liable in gambling, because they do not take part directly or indirectly. Lottery a scheme for the distribution of prizes by chance among persons who have paid, or agreed to pay, a valuable consideration for the chance to obtain a prize. Elements of lottery: consideration, chance and prize or some advantage or inequality in amount or value which is in the nature of a prize. There is no lottery when the person gets full value for his money. Example: a package of cigarette sold at P0.30 each includes a coupon which may allow the buyer to win a gold watch. This is not lottery, because the player got full for his money. The winning of the watch is just a bonus. The operation, possession, use and importation of pinball and slot machines and other similar devices or paraphernalia used for their operation is declared unlawful under P.D. No. 519 which took effect on July 23, 1974. Knowingly permitting gambling to be carried on in a place owned or controlled by the offender (2nd mode of violating this article) Elements: 1. That a gambling game was carried on in an inhabited or uninhabited place or in any building, vessel, or other means of transportation. 2. That the place, building, vessel or other means of transportation is owned or controlled by the offender 3. That the offender permitted the carrying on of such game, knowing that it is a gambling game.

The maintainer or conductor in a gambling game are likewise punished. A maintainer is the person who sets up and furnishes the means with which to carry on the gambling game or scheme. A conductor is the person who manages or carries on the gambling game or scheme. To be prosecuted for possessing a jueteng list, proof that the game took place or is about to take place is not necessary. Such a list naturally pertains to the game of jueteng and the accused would not keep it in his possession but for its connection with such game of jueteng. But proof to the contrary is necessary when the jueteng lists pertain to games played on other dates.
LETTER OF INSTRUCTIONS NO. 816 What is exempted from the coverage of P.D. 1602? The games of domino, bingo, poker when not played with five cards stud, cuajo, pangguingue and mahjong, provided that they are played as parlor games or for home entertainment; and Provided Further, That they are not played in places habitually used for gambling and the betting is not disguised to defeat the intent of P.D.No. 1602

Article 196. Importation, sale possession of lottery tickets advertisements Acts punishable:

and or

1. Importing into the Philippines from any foreign place or port any lottery ticket or advertisement; or 2. Selling or distributing the same in connivance with the importer; 3. Possessing, knowingly and with intent to use them, lottery tickets or advertisements; or 4. Selling or distributing the same without connivance with the importer of the same.

The possession of any lottery ticket or advertisement is prima facie evidence of an intent to sell, distribute or use the same in the Philippines. Must lottery tickets be genuine? There are two views: o YES. It is not necessary that the tickets be genuine, as it is enough that they be given the appearance of lottery tickets

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o NO. If lottery tickets are counterfeit, they cannot give rise to the evil sought to be eradicated.
c.

Article 197. Betting in sports contests REPEALED BY PD 483

PD 483 Penalizing Betting, Game-fixing or Point Shaving in Sports Contests SECTION 1. Definitions. For purposes of this Decree, the following terms shall mean and be understood to be as hereunder indicated: a. Betting betting money or any object or article of value or representative of value upon the result of any game, races and other sports contest. b. Game-fixing any arrangement, combination, scheme or agreement by which the result of any game, races or sports contests shall be predicted and/or known other than on the basis of the honest playing skill or ability of the players or participants. c. Point-shaving any such arrangement, combination, scheme or agreement by which the skill or ability of any player or participant in a game, races or sports contests to make points or scores shall be limited deliberately in order to influence the result thereof in favor of one or other team, player or participant therein. d. Game-machinations 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 sport contest. SECTION 2. Betting, game-fixing, point-shaving or game machination unlawful. Game-fixing, pointshaving, machination, as defined in the preceding section, in connection with the games of basketball, volleyball, softball, baseball; chess, boxing bouts, "jai-alai", "sipa", "pelota" and all other sports contests, games or races; as well as betting therein except as may be authorized by law, is hereby declared unlawful. SECTION 3. Penalty. Any violation of this Decree, or of the rules and regulations promulgated in accordance herewith, shall be punished in the manner following: a. When the offender is an official, such as promoter, referee, umpire, judge, or coach in the game, race or sports contests, or the manager or sponsor of any participating team, individual or player therein, or participants or players in such games, races or other sports contests, he shall, upon conviction, be punished by prision correccional in its maximum period and a fine of 2,000 pesos with subsidiary imprisonment in case of insolvency, at the discretion of the court. This penalty shall also be imposed when the offenders compose a syndicate of five or more persons. b. In case of any offender, he shall, upon conviction, be punished by prision correccional

in its medium period and a fine of 1,000 pesos with subsidiary imprisonment in case of insolvency at the discretion of the court. When the offender is an official or employee of any government office or agency concerned with the enforcement or administration of laws and regulations on sports the penalty provided for in the preceding Section 3 a small be imposed. In addition, he shall be disqualified from holding any public office or employment for life. If he is an alien, he may be deported.

Article 198. Illegal Betting on horse races Acts punishable: 1. Betting on horse races during periods not allowed by law; 2. Maintaining or employing a totalizer or other device or scheme for betting on races or realizing profit therefrom during the periods not allowed by law. When horse races not allowed 1. July 4 (Republic Act No. 137); 2. December 30 (Republic Act No. 229); 3. Any registration or voting days (Republic Act No. 180, Revised Election Code); and 4. Holy Thursday and Good Friday (Republic Act No. 946). A totalizer is a machine for registering and indicating the number and nature of bets made on horse races. The penalty is higher when this devise is employed.

Any race held on the same day and at the same place shall be held punishable as a separate offense. If the violation is committed by any partnership, corporation, or association, the president and the directors or managers shall be deemed to be principals in the offense if they have consented to or knowingly tolerated its commission. Horse races may be carried on at any time or place, and prizes or gifts may be offered, given or paid, to the winner in said races, provided it is not accompanied by any betting, or the use of totalizer or other devices for betting money on horse races. Article 199. Illegal cockfighting Acts punishable: C2005 Criminal Law 2 Reviewer 57

1. Directly or indirectly participating in cockfights, by betting money or other valuable things, or organizing cockfights at which bets are made, on a day other than those permitted by law; 2. Directly or indirectly participating in cockfights, by betting money or other valuable things, or organizing such cockfights, at a place other than a licensed cockpit.
P.D. 449 Cockfighting Law of 1974 SECTION 4. Definition of Terms. (b) Cockfighting shall embrace and mean the commonly known game or term "cockfighting derby, pintakasi or tupada", or its equivalent terms in different Philippine localities. (c) Zoning Law or Ordinance Either both national or local city or municipal legislation which logically arranges, prescribes, defines and apportions a given political subdivision into specific land uses as present and future projection of needs warrant. (d) Bet Taker or Promoter A person who calls and takes care of bets from owners of both gamecocks and those of other bettors before he orders commencement of the cockfight and thereafter distributes won bets to the winners after deducting a certain commission. (e) Gaffer (Taga Tari) A person knowledgeable in the art of arming fighting cocks with gaff or gaffs on either or both legs. (f) Referee (Sentenciador) A person who watches and oversees the proper gaffing of fighting cocks, determines the physical condition of fighting cocks while cockfighting is in progress, the injuries sustained by the cocks and their capability to continue fighting and decides and make known his decision by work or gestures and result of the cockfight by announcing the winner or declaring a tie or no contest game. (g) Bettor A person who participates in cockfights and with the use of money or other things of value, bets with other bettors or through the bet taker or promoter and wins or loses his bet depending upon the result of the cockfight as announced by the Referee or Sentenciador. He may be the owner of fighting cock. SECTION 5. Cockpits and Cockfighting: In General. (a) Ownership, Operation and Management of Cockpits. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own, manage and operate cockpits. Cooperative capitalization is encouraged. (b) Establishment of Cockpits. Only one cockpit shall be allowed in each city or municipality, except that in cities or municipalities with a population of over one hundred thousand, two cockpits may be established, maintained and operated.

(c)

Cockpits Site and Construction. Cockpits shall be constructed and operated within the appropriate areas as prescribed in Zoning Law or Ordinance. In the absence of such law or ordinance, the local executives shall see to it that no cockpits are constructed within or near existing residential or commercial areas, hospitals, school buildings, churches or other public buildings. Owners, lessees, or operators of cockpits which are now in existence and do not conform to this requirement are given three years from the date of effectivity of this Decree to comply herewith. xxx (d) Holding of Cockfights. Except as provided in this Decree, cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays and during local fiestas for not more than three days. It may also be held during provincial, city or municipal, agricultural, commercial or industrial fair, carnival or exposition for a similar period of three 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: Provided, that, no cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the month of a local fiesta or for more than two occasions a year in the same city or municipality: Provided, further, that no cockfighting shall be held on December 30 (Rizal Day), June 12 (Philippine Independence Day), November 30 (National Heroes Day), Holy Thursday, Good Friday, Election or Referendum Day and during Registration Days for such election or referendum. (e) Cockfighting for Entertainment of Tourists or for Charitable Purposes. Subject to the preceding subsection hereof, the Chief Constabulary or his authorized representative may also allow the holding of cockfighting for the entertainment of foreign dignitaries or for tourists, or for returning Filipinos, commonly known as "Balikbayan", 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: Provided, that this privilege shall be extended for only one time, for a period not exceeding three days, within a year to a province, city, or municipality. (f) Other games during cockfights prescribed. No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during cockfights. The owner, manager or lessee of such cockpit and the violators of this injunction shall be criminally liable under Section 8 hereof. SECTION 7. Cockfighting Officials. Gaffers, referees or bet takers or promoters shall not act as such in any cockfight herein authorized, without first securing a license renewable every year on their birth month from the city or municipality where such cockfighting is held. Cities and municipalities may charge a tax of not more than P20. Only licensed

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gaffers, referees, bet takers or promoters shall officiate in all kinds of cockfighting authorized in this Decree. SECTION 8. Penal Provisions. Any violation of the provisions of this Decree and of the rules and regulations promulgated by the Chief of Constabulary pursuant thereto shall be punished as follows:

a.

By prision correccional in its maximum period and a fine of two thousand pesos, with subsidiary imprisonment in case of insolvency, when the offender is the financier, owner, manger or operator of a cockpit, or the gaffer, referee or bet taker in cockfights; or the offender is guilty of allowing, promoting or participating in any other kind of gambling in the premises of cockpits during cockfights. By prision correccional or a fine of not less than P600 nor more than P2,000 or both, such imprisonment and fine at the discretion of the court, with subsidiary imprisonment in case of insolvency, in case of any other offender.

can cause public scandal among the persons witnessing them. If the act or acts of the offender are punished under article of the RPC, this article is not applicable. The acts must be performed in a public place or within the public knowledge or view. When the acts were performed in a private house and seen by one person, the crime was not committed. Article 201. Immoral doctrines, obscene publications and exhibitions, and indecent shows Acts punishable: 1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals;

b.

Permitting gambling of any kind in cockpit is punished under PD 449. The decree does not punish a person attending as a spectator in a cockfight. To be liable, he must participate in the cockfight as a bettor. Article 200. Grave Scandal Elements: 1. Offender performs an act or acts; 2. Such act or acts be highly scandalous as offending against decency or good customs; 3. The highly scandalous conduct is not expressly falling within any other article of this Code; and 4. The act or acts complained of be committed in a public place or within the public knowledge or view. Grave scandal consists of acts which are offensive to decency and good customs which, having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same. Decency means propriety of conduct; proper observance of the requirements of modesty, good taste etc. Customs means established usage, social conventions carried on by tradition and enforced by social disapproval of any violation thereof. The acts must be those that

2.

(a) The authors of obscene literature, published with their knowledge in any form, the editors publishing such literature; and the owners/operators of the establishment selling the same; (b) Those who, in theaters, fairs, cinematographs, or any other place, exhibit indecent or immoral plays, scenes, acts, or shows, it being understood that the obscene literature or indecent or immoral plays, scenes, acts or shows, whether live or in film, which are proscribed by virtue hereof, shall include those which: (1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence, lust or pornography; (3) offend any race, or religion; (4) tend to abet traffic in and use of prohibited drugs; and (5) are contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts; and 3. Those who shall sell, give away, or exhibit films, prints, engravings, sculptures, or literature which are offensive to morals. Purpose of the law: to protect the morals of the public.. This offense in any of the forms mentioned in the article is committed only when there is publicity. openly contrary to public morals the word moral implies conformity with the generally accepted standards of goodness or rightness in conduct or character, sometimes

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specifically, to sexual conduct. The author of obscene literature is liable only when it is publish with his knowledge. Obscene means offensive to chastity, decency or delicacy. Test of obscenity: whether the tendency of the matter charged as obscene, is to deprave or corrupt those whose minds are open to such immoral influences, and into whose hands such a publication may fall and also whether or not such publication or act shocks the ordinary and common sense of men as an indecency. Mere nudity in pictures or paintings, not an obscenity. As regards nude pictures, the proper test is the motive of the picture, as indicated by it, is pure or impure; or whether it is naturally calculated to excite impure imaginations. The term give away necessarily include the act of exhibiting obscene pictures or literature, because when one gives away obscene pictures or literature, he has the intention and purpose of exhibiting or showing the same to the recipient. Pictures with slight degree of obscenity, not used for arts sake but for commercial purposes, fall under this article. Disposition of prohibited articles: o Upon conviction of the offender forfeited in favour of the government, to be destroyed o When offender is acquitted forfeited in favour of the government to be destroyed, after forfeiture proceedings are conducted by Chief of Constabulary (PNP) o Person aggrieved may appeal the forfeiture action to the Secretary of National Defense for review. In case the offender is a government official or employee who allows the violations, the penalty is imposed in the maximum period and the accessory penalties shall likewise be imposed. Obscene publications and indecent shows under RA 7610 (please refer to exploitation of minors, Title Nine)
People vs. Kottinger Postcards of non-Christians inhabitants of the Philippines in their native dress were questioned to be obscene.

HELD: The SC said that the postcards were not obscene because the aggregate judgment of the community, and the moral sense of the people were not shocked by those pictures. They were not offensive to chastity but merely depicted persons as they actually lived. People vs. Aparici A case about a girl dancing hula-hula in the theater making the audience of males shout sige muna, sige, nakakalibog! HELD: The SC decided that the dance was immoral and indecent using the reaction of the public as the gauge in the determination of indecency. People vs. Padan This is a case about a live show done in Tondo. HELD: SC said that an actual exhibition of sexual act can have no redeeming feature- no room for art. Therefore, it is a clear and unmitigated obscenity. The exhibition was an offense to public morals.

Article 202. Vagrants and prostitutes Who are vagrants: 1. 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; 2. Any person found loitering about public or semi-public buildings or places or trampling or wandering about the country or the streets without visible means of support; 3. Any idle or dissolute person who ledges in houses of ill fame; 4. Ruffians or pimps and those who habitually associate with prostitutes; 5. Any person who, not being included in the provisions of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose; 6. Prostitutes, who are women who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct. Absence of visible means of support is an essential element of vagrancy only under the first and second types. Loitering around saloons and gambling houses is vagrancy only when there is evidence of absence of visible means of support. Vagrants under the third and fourth type: o Dissolute means lax, C2005 Criminal Law 2 Reviewer 60

unrestrained or immoral. o Maintainer of prostitution house may be punished under this article. o Ruffians are brutal, violent lawless persons. o A pimp is one who provides gratification for the lust of others. Prostitutes are women who HABITUALLY indulge in sexual intercourse or lascivious conduct, for money or profit.

infants and minors on public roads, sidewalks, parks and bridges shall be punished by a fine nor exceeding P20.00.

P.D. 1563 Mendicancy Law of 1978

What is a mendicant? A mendicant refers to any person (except those enumerated in section 4 of the law) who has no visible and legal means of support, or lawful employment and who is physically able to work but neglects to apply himself to some lawful calling and instead uses begging as a means of living. Those enumerated in section 4, who considered mendicants, are the following: are not

1.

Any infant or child 8 years old and below who is found begging or is being utilized by a mendicant for purposes of begging 2. Any minor over 9 years of age under 15 found begging or is being utilized for purposes of begging, and who acted with or without discernment 3. Any person who is found begging and who is physically or mentally incapable of gainful occupation Who are punishable?

1.

A mendicant shall, upon conviction, be punished by a fine not exceeding P500.00 or by imprisonment for a period not exceeding 2 years or both at the discretion of the court.

2.

A habitual mendicant (one who has been convicted of mendicancy under this law two or more times) shall be punished by a fine not exceeding P1,000.00 or by imprisonment for a period not exceeding 4 years or both at the discretion of the court.

3.

Parents of exploited infants or minors (those enumerated under section 4) are punishable under P.D. 603, unless they are themselves mendicants.

4.

Any person who abets mendicancy by giving alms directly to mendicants, exploited

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