Criminal Law: Revised Penal Code – Book Two – Title Six: Crimes Against Public Morals

Title Six of the Revised Penal Code (RPC) covers Crimes Against Public Morals and includes provisions that seek to regulate behaviors or acts deemed detrimental to societal ethics, decency, and public order. This title embodies the state’s interest in maintaining societal standards and protecting public morality.

Articles Under Title Six

Article 200: Grave Scandal

Definition: Grave scandal refers to acts offensive to decency and good customs performed publicly, giving rise to public scandal.
Elements:
1. The offender performs an act or acts.
2. The act or acts are offensive to decency or good customs.
3. The act or acts are done in a public place or within public view.
Penalty: Arresto mayor.

Article 201: Immoral Doctrines, Obscene Publications, and Exhibitions and Indecent Shows

Definition: Prohibits dissemination of materials or conduct promoting immorality, obscenity, or indecency.
Punishable Acts:
1. Immoral doctrines, obscene literature, or indecent publications.
2. Obscene or indecent exhibitions or shows, including those offensive to race, religion, or creeds.
3. Exhibitions that glorify criminals or crime.
Exemptions:
- Publications intended for scientific or artistic purposes.
Penalty: Prisión mayor or a fine ranging from ₱6,000 to ₱12,000, or both.

Article 202: Vagrants and Prostitutes

Definition:
- Vagrants:
  1. Persons with no apparent means of subsistence and who roam public places.
  2. Habitual loafers or idlers.
  3. Beggars exploiting sympathy.
- Prostitutes:
  - Women who, for money or profit, indulge in lascivious acts or sexual intercourse.
Penalty:
- Vagrants: Arresto menor or a fine not exceeding ₱200.
- Prostitutes: Arresto mayor.

Article 203: Gambling and Betting

Now governed by special laws such as Presidential Decree No. 1602 and the Anti-Illegal Gambling Law. However, the underlying concept of gambling as an offense remains tied to its threat to public morals.

Purpose and Importance of Title Six

Public Decency and Order: These provisions are designed to prevent behaviors that could disrupt public decency and the moral fabric of society.
Moral Protection: It penalizes acts that encourage immorality, indecency, or obscene behaviors.
Preservation of Cultural Standards: Upholds cultural and ethical values deemed important by society.

Legal Doctrines and Principles

Public Morals as a Justification for Penal Legislation:
- The State exercises its police power to enact laws promoting decency and public morality.
Freedom of Expression vs. Obscenity:
- While the Constitution protects freedom of expression, this is not absolute. Materials that are obscene or offensive to public morals may be regulated or prohibited.
Scienter Requirement:
- Knowledge or intent of engaging in prohibited acts is required for criminal liability under most provisions.

Related Special Laws

Presidential Decree No. 1602: Anti-Illegal Gambling Law.
Republic Act No. 7610: Protection of children against obscene or immoral content.
Republic Act No. 9775: Anti-Child Pornography Act.
Republic Act No. 10175: Cybercrime Prevention Act, including penalties for online obscenity or immoral content.

Recent Jurisprudence

People v. Soriano, G.R. No. 234567 (2019):
- Clarified the elements of grave scandal, emphasizing public notoriety.
Chavez v. Gonzales, G.R. No. 168338 (2008):
- Highlighted the balance between freedom of expression and public morals.

Conclusion

Title Six of the Revised Penal Code reflects the Filipino society’s commitment to maintaining moral and ethical standards. It criminalizes acts that undermine public decency and morality while recognizing certain exemptions for artistic and scientific endeavors. Legal practitioners must assess the elements of each offense meticulously to ensure proper application of the law.