Академический Документы
Профессиональный Документы
Культура Документы
Bar exam
question
What is. . .
MORAL
Conformity with generally
accepted standards of goodness
or rightness in conduct or
character.
OBSCENE
Something offensive to chastity,
decency, delicacy
Those liable:
1.
Those who shall publicly expound or
proclaim doctrines openly contrary to
public morals;
Ex- 1
As for instance advocating polygamy or
wife-swapping
Ex- 2
advocating same-sex marriage?
Those liable:
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;
Those liable:
B.in
theatres, fairs,
Cont. . .
(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 religion;
(4) tend to abet traffic in and use of
prohibited drugs;
(5) are contrary to law, public order,
morals, good customs, established
policies, lawful orders, decrees and
edicts.
Obscene publications
Note!
Mere nudity in pictures or
paintings, not an
obscenity. As regards
nude pictures, the proper
test is the motive of the
pictures, as indicated by
it, is pure or impure.
Those liable:
3.
Those who shall sell,
give away or exhibit
films, prints,
engravings, sculpture or
literature which are
offensive to morals.
Sculpture offensive to
morals.
Note!
What is lewd is not
necessarily obscene. Nudity
is not by itself obscenity.
What then is the test for
obscenity?
( that which offends against
chastity, decency or delicacy )
Note!
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.
Note!
Note!
Purpose of the law:
to protect the morals of the public.
.
Cases
People vs. Kottinger
Facts: 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
Cases
People vs. Aparici
Facts: A case about a girl dancing
hula-hula in the theatre 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 determination of
indecency.
Cases
People vs Padan
AN ACT DECRIMINALIZING
VAGRANCY, AMENDING FOR
THIS PURPOSE ARTICLE 202 OF
ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE
REVISED PENAL CODE
Article 202.Prostitutes;
Penalty
For the purposes of this
article, women who, for
money or profit,
habitually indulge in
sexual intercourse or
lascivious conduct, are
deemed to be prostitutes
Illustrations:
Penalty
Any person found guilty of any of
the offenses covered by this article
shall be punished byarresto
menoror a fine not exceeding 200
pesos, and in case of recidivism,
byarresto mayorin its medium
period toprision correctionalin its
minimum period or a fine ranging
from 200 to 2,000 pesos, or both, in
the discretion of the court.
Choices
A. No, since the imputation is not
related to the duties of a judge.
B. No, since Sam does not impute
a crime to Judge Odon.
C. No, since Sam imputes the
commission of a crime to Judge
Odon.
D. Yes, since truth can be a valid
defense in libel
Answer
VAGRANTS and
PROSTITUTES
Article 202