Title 6 - Public Morals 2007.doc

8/11/2019 Title 6 - Public Morals 2007.doc

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Title SixCRIMES AGAINST PUBLIC MORALS

Chapter One. Gambling and Betting

Article 195. Gambling Article 196. Importation, sale and possession oflottery

ticets or ad!ertisementsArticle 19". Betting in sport contests #$%&%A'%()

Article 19*. Illegal betting on horse races Article 199. Illegal coc+ghting

Chapter -o. Oenses against (ecency and GoodC/stom

Article 0. Gra!e scandal

Article 01. Immoral doctrines, obscenep/blications

and e2hibitionsArticle 00. 3agrancy and prostit/tion

Article 195. Gamblin

Acts p/nishable4

1. aing part directly or indirectly in

a. any game of monte, /eteng, orany other form of lottery, policy,baning, or percentage game, dograces, or any other game or schemethe res/lts of -hich depend -holly orchie7y /pon chance or ha8ard or-herein -agers consisting of money,articles of !al/e, or representati!e of

!al/e are made or

b. the e2ploitation or /se of anyother mechanical in!ention orcontri!ance to determine by chancethe loser or -inner of money or anyobect or representati!e of !al/e

0. :no-ingly permitting any form of gamblingto be carried on in any place o-ned orcontrolled by the oender

;. Being maintainer, cond/ctor, or baner in agame of /eteng or similar game


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re-arded t-enty percent #) of the cash money orarticles of !al/e con+scated or forfeited in fa!or ofthe go!ernment.

Gambling is any game or

scheme, -hether /pon chance or sill,-herein -agers consisting of money,articles or !al/e or representati!e of !al/eare at stae or made.

$eason for

prohibitingEp/nishing gambling4 to repressand e!il that /ndermines the social, moraland economic gro-th of the nation.

Fnder &.(. @o. 160, it seems

that -hen the la- names the games,p/nishing any person -ho tae parttherein, its p/rpose is to prohibit absol/telythose games.

pectators are not liable in

gambling, beca/se they do not tae partdirectly or indirectly.

'ottery a scheme for thedistrib/tion of pri8es by chance amongpersons -ho ha!e paid, or agreed to pay, a!al/able consideration for the chance toobtain a pri8e.

%lements of lottery4

consideration, chance and pri8e or somead!antage or ine/ality in amo/nt or !al/e-hich is in the nat/re of a pri8e.

here is no lottery -hen the

person gets f/ll !al/e for his money.%2ample4 a pacage of cigarette sold at&.; each incl/des a co/pon -hich mayallo- the b/yer to -in a gold -atch. his is

not lottery, beca/se the player got f/ll forhis money. he -inning of the -atch is /sta bon/s.

he operation, possession, /se

and importation of pinball and slotmachines and other similar de!ices orparaphernalia /sed for their operation isdeclared /nla-f/l /nder &.(. @o. 519 -hichtoo eect on H/ly 0;, 19"


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as it is eno/gh that they be gi!en theappearance of lottery ticets

o @O. If lottery ticetsare co/nterfeit, they cannot gi!e rise tothe e!il so/ght to be eradicated.

Article 197. Bettin in %*)rt% c)nte%t% 8REPEALE! B P! :4;

P! :4;Penalixin )r P)int

S(ain in S*)rt% C)nte%t%

SECTION 1. (e+nitions. L or p/rposes of this(ecree, the follo-ing terms shall mean and be/nderstood to be as here/nder indicated4a. Betting L betting money or any obect or article

of !al/e or representati!e of !al/e /pon theres/lt of any game, races and other sportscontest.

b. Game=+2ing L any arrangement, combination,scheme or agreement by -hich the res/lt of any

game, races or sports contests shall bepredicted andEor no-n other than on the basisof the honest playing sill or ability of theplayers or participants.

c. &oint=sha!ing L any s/ch arrangement,combination, scheme or agreement by -hich thesill or ability of any player or participant in agame, races or sports contests to mae points orscores shall be limited deliberately in order toin7/ence the res/lt thereof in fa!or of one orother team, player or participant therein.

d. Game=machinations L any other fra/d/lent,deceitf/l, /nfair or dishonest means, method,manner or practice employed for the p/rpose ofin7/encing the res/lt of any game, races orsport contest.

SECTION $. Betting, game=+2ing, point=sha!ing orgame machination /nla-f/l. L Game=+2ing, point=sha!ing, machination, as de+ned in the precedingsection, in connection -ith the games of basetball,!olleyball, softball, baseball chess, bo2ing bo/ts,Mai=alaiM, MsipaM, MpelotaM and all other sportscontests, games or races as -ell as betting thereine2cept as may be a/thori8ed by la-, is herebydeclared /nla-f/l.

SECTION ;. &enalty. L Any !iolation of this (ecree,or of the r/les and reg/lations prom/lgated inaccordance here-ith, shall be p/nished in themanner follo-ing4a. >hen the oender is an ocial, s/ch as

promoter, referee, /mpire, /dge, or coach in thegame, race or sports contests, or the manageror sponsor of any participating team, indi!id/alor player therein, or participants or players ins/ch games, races or other sports contests, heshall, /pon con!iction, be p/nished by prisioncorreccional in its ma2im/m period and a +ne of0, pesos -ith s/bsidiary imprisonment incase of insol!ency, at the discretion of the co/rt.his penalty shall also be imposed -hen theoenders compose a syndicate of +!e or morepersons.

b. In case of any oender, he shall, /poncon!iction, be p/nished by prision correccionalin its medi/m period and a +ne of 1, pesos-ith s/bsidiary imprisonment in case ofinsol!ency at the discretion of the co/rt.

c. >hen the oender is an ocial or employee ofany go!ernment oce or agency concerned -iththe enforcement or administration of la-s and

reg/lations on sports the penalty pro!ided for inthe preceding ection ; a small be imposed. Inaddition, he shall be dis/ali+ed from holdingany p/blic oce or employment for life. If he isan alien, he may be deported.

Article 194. Illeal Bettin )n ()r%e race%

Acts p/nishable4

1. Betting on horse races d/ring periods notallo-ed by la-

0. Jaintaining or employing a totali8er or

other de!ice or scheme for betting onraces or reali8ing pro+t therefrom d/ringthe periods not allo-ed by la-.

>hen horse races not allo-ed

1. H/ly < #$ep/blic Act @o. 1;")0. (ecember ; #$ep/blic Act @o. 009);. Any registration or !oting days #$ep/blic

Act @o. 1*, $e!ised %lection Code) and


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!al/able things, or organi8ing coc+ghts at-hich bets are made, on a day other thanthose permitted by la-

0. (irectly or indirectly participating incoc+ghts, by betting money or other!al/able things, or organi8ing s/chcoc+ghts, at a place other than a licensed

cocpit.

P.!. ::9C)c->(tin La )2 197:

SECTION :. (e+nition of erms. L#b) Coc+ghting L shall embrace and mean the

commonly no-n game or term Mcoc+ghtingderby, pintaasi or t/padaM, or its e/i!alentterms in dierent &hilippine localities.

#c) oning 'a- or Ordinance L %ither both nationalor local city or m/nicipal legislation -hichlogically arranges, prescribes, de+nes andapportions a gi!en political s/bdi!ision intospeci+c land /ses as present and f/t/reproection of needs -arrant.

#d) Bet aer or &romoter L A person -ho calls andtaes care of bets from o-ners of bothgamecocs and those of other bettors before heorders commencement of the coc+ght andthereafter distrib/tes -on bets to the -innersafter ded/cting a certain commission.

#e) Gaer #aga ari) L A person no-ledgeable inthe art of arming +ghting cocs -ith ga or gason either or both legs.

#f) $eferee #entenciador) L A person -ho -atchesand o!ersees the proper gang of +ghtingcocs, determines the physical condition of+ghting cocs -hile coc+ghting is in progress,the in/ries s/stained by the cocs and theircapability to contin/e +ghting and decides andmae no-n his decision by -or or gest/res

and res/lt of the coc+ght by anno/ncing the-inner or declaring a tie or no contest game.#g) Bettor L A person -ho participates in coc+ghts

and -ith the /se of money or other things of!al/e, bets -ith other bettors or thro/gh the bettaer or promoter and -ins or loses his betdepending /pon the res/lt of the coc+ght asanno/nced by the $eferee or entenciador. Nemay be the o-ner of +ghting coc.

SECTION 5. Cocpits and Coc+ghting4 In General.L#a) O-nership, Operation and Janagement of

Cocpits. L Only ilipino citi8ens not other-iseinhibited by e2isting la-s shall be allo-ed too-n, manage and operate cocpits. Cooperati!ecapitali8ation is enco/raged.

#b) %stablishment of Cocpits. L Only one cocpitshall be allo-ed in each city or m/nicipality,e2cept that in cities or m/nicipalities -ith apop/lation of o!er one h/ndred tho/sand, t-ococpits may be established, maintained andoperated.

#c) Cocpits ite and Constr/ction. L Cocpits shallbe constr/cted and operated -ithin theappropriate areas as prescribed in oning 'a- orOrdinance. In the absence of s/ch la- orordinance, the local e2ec/ti!es shall see to it

that no cocpits are constr/cted -ithin or neare2isting residential or commercial areas,hospitals, school b/ildings, ch/rches or otherp/blic b/ildings. O-ners, lessees, or operators ofcocpits -hich are no- in e2istence and do notconform to this re/irement are gi!en threeyears from the date of eecti!ity of this (ecreeto comply here-ith. 222

#d) Nolding of Coc+ghts. L %2cept as pro!ided inthis (ecree, coc+ghting shall be allo-ed only inlicensed cocpits d/ring /ndays and legalholidays and d/ring local +estas for not morethan three days. It may also be held d/ringpro!incial, city or m/nicipal, agric/lt/ral,commercial or ind/strial fair, carni!al ore2position for a similar period of three days /ponresol/tion of the pro!ince, city or m/nicipality-here s/ch fair, carni!al or e2position is to beheld, s/bect to the appro!al of the Chief ofConstab/lary or his a/thori8ed representati!e4&ro!ided, that, no coc+ghting on the occasionof s/ch fair, carni!al or e2position shall beallo-ed -ithin the month of a local +esta or formore than t-o occasions a year in the same city

or m/nicipality4 &ro!ided, f/rther, that nococ+ghting shall be held on (ecember ; #$i8al(ay), H/ne 10 #&hilippine Independence (ay),@o!ember ; #@ational Neroes (ay), Nolyh/rsday, Good riday, %lection or $eferend/m(ay and d/ring $egistration (ays for s/chelection or referend/m.

#e) Coc+ghting for %ntertainment of o/rists or forCharitable &/rposes. L /bect to the precedings/bsection hereof, the Chief Constab/lary or hisa/thori8ed representati!e may also allo- theholding of coc+ghting for the entertainment offoreign dignitaries or for to/rists, or for ret/rningilipinos, commonly no-n as MBalibayanM, orfor the s/pport of national f/nd=raisingcampaigns for charitable p/rposes as may be

a/thori8ed by the Oce of the &resident, /ponresol/tion of a pro!incial board, city or m/nicipalco/ncil, in licensed cocpits or in playgro/nds orpars4 &ro!ided, that this pri!ilege shall bee2tended for only one time, for a period note2ceeding three days, -ithin a year to apro!ince, city, or m/nicipality.

#f) Other games d/ring coc+ghts prescribed. L @ogambling of any ind shall be permitted on thepremises of the cocpit or place of coc+ghtingd/ring coc+ghts. he o-ner, manager or lesseeof s/ch cocpit and the !iolators of thisin/nction shall be criminally liable /nder ection* hereof.

SECTION 7. Coc+ghting Ocials. L Gaers,referees or bet taers or promoters shall not act as

s/ch in any coc+ght herein a/thori8ed, -itho/t +rstsec/ring a license rene-able e!ery year on theirbirth month from the city or m/nicipality -here s/chcoc+ghting is held. Cities and m/nicipalities maycharge a ta2 of not more than &0. Only licensedgaers, referees, bet taers or promoters shallociate in all inds of coc+ghting a/thori8ed in this(ecree.

SECTION 4. &enal &ro!isions. L Any !iolation of thepro!isions of this (ecree and of the r/les and

C2005 Criminal Law 2 Reviewer58


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reg/lations prom/lgated by the Chief of Constab/laryp/rs/ant thereto shall be p/nished as follo-s4a. By prision correccional in its ma2im/m period

and a +ne of t-o tho/sand pesos, -iths/bsidiary imprisonment in case of insol!ency,-hen the oender is the +nancier, o-ner,manger or operator of a cocpit, or the gaer,referee or bet taer in coc+ghts or the oender

is g/ilty of allo-ing, promoting or participating inany other ind of gambling in the premises ofcocpits d/ring coc+ghts.

b. Byprision correccionalor a +ne of not less than&6 nor more than &0, or both, s/chimprisonment and +ne at the discretion of theco/rt, -ith s/bsidiary imprisonment in case ofinsol!ency, in case of any other oender.

&ermitting gambling of any

ind in cocpit is p/nished /nder &(


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-hose minds are open to s/ch immoralin7/ences, and into -hose hands s/ch ap/blication may fall and also -hether ornot s/ch p/blication or act shocs theordinary and common sense of men as anindecency.

Jere n/dity in pict/res or

paintings, not an obscenity. As regardsn/de pict/res, the proper test is the moti!eof the pict/re, as indicated by it, is p/re orimp/re or -hether it is nat/rally calc/latedto e2cite imp/re imaginations.

he term Pgi!e a-ayQ

necessarily incl/de the act of e2hibitingobscene pict/res or literat/re, beca/se-hen one gi!es a-ay obscene pict/res orliterat/re, he has the intention and p/rposeof e2hibiting or sho-ing the same to therecipient.

&ict/res -ith slight degree of

obscenity, not /sed for artQs sae b/t forcommercial p/rposes, fall /nder thisarticle.

(isposition of prohibited

articles4o Fpon con!iction of

the oender forfeited in fa!o/r of thego!ernment, to be destroyed

o >hen oender is

ac/itted forfeited in fa!o/r of thego!ernment to be destroyed, afterforfeit/re proceedings are cond/ctedby Chief of Constab/lary #&@&)

o &erson aggrie!edmay appeal the forfeit/re action to theecretary of @ational (efense for

re!ie-. In case the oender is a

go!ernment ocial or employee -hoallo-s the !iolations, the penalty isimposed in the ma2im/m period and theaccessory penalties shall lie-ise beimposed.

Obscene p/blications and

indecent sho-s /nder $A "61 #pleaserefer to e2ploitation of minors, itle @ine)

People vs. Kottinger

Postcards of non-Christians inhabitants of the Philippines intheir native dress were questioned to be obscene.

HELD: The SC said that the postcards were not obscenebecause the areate !ud"ent of the co""unit#$ and the"oral sense of the people were not shoc%ed b# thosepictures. The# were not offensive to chastit# but "erel#depicted persons as the# actuall# lived.

People vs. Aparici

& case about a irl dancin hula-hula in the theater "a%inthe audience of "ales shout 'sie "una$ sie$na%a%alibo()

HELD: The SC decided that the dance was i""oral andindecent usin the reaction of the public as the aue inthe deter"ination of indecenc#.

People vs. Padan

This is a case about a 'live show* done in Tondo.

HELD: SC said that an actual e+hibition of se+ual act canhave no redee"in feature- no roo" for art. Therefore$ itis a clear and un"itiated obscenit#. The e+hibition was anoffense to public "orals.

Article $#$. ?arant% an0 *r)%tit+te%

>ho are !agrants4

1. Any person ha!ing no apparent means ofs/bsistence, -ho has the physical ability to-or and -ho neglects to apply himself orherself to some la-f/l calling

0. Any person fo/nd loitering abo/t p/blic orsemi=p/blic b/ildings or places or tramplingor -andering abo/t the co/ntry or thestreets -itho/t !isible means of s/pport

;. Any idle or dissol/te person -ho ledges inho/ses of ill fame


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Title 6 - Public Morals 2007.doc