On


ART. 201

Persons liable:
1. Those who publicly expound or proclaim doctrines that are contrary to
    public morals.
2. Authors of obscene literature, published with their knowledge in any form.
3. Editors publishing such obscene literature.
4. Owners or operators of establishment selling obscene literature.
5. Those who exhibit indecent or immoral plays, scenes, acts or shows in
    theaters, fairs, cinemas or any other place.
6. Those who sell, distribute, or exhibit prints, engraving, sculptures
    or literature which are offensive to morals.

Considered as obscene literature or immoral or indecent plays, scenes or acts:
1. those w/c glorify criminals or condone crimes;
2. those w/c serve no other purpose but to satisfy the market for violence,
    lust or pornography;
3. those w/c offend against any race or religion;
4. those w/c tend to abet the traffic and the use of prohibited drugs; and
5. those that are contrary to law, public order, morals, good customs,
    established policies, lawful orders, decrees and edicts.

NOTES:

Morals imply conformity to generally accepted standards of goodness or
rightness in conduct or character.

The test of obscenity is whether the matter has a tendency to deprave or
corrupt the minds of those who are open to immoral influences. A matter
can also be considered obscene if it shocks the ordinary and common sense
of men as indecency.

Mere nudity in paintings and pictures is not obscene.

Pictures w/ a slight degree of obscenity having no artistic value and
being intended for commercial purposes fall within this article.
Publicity is an essential element.

MORALS - imply conformity with the generally accepted standards of
         goodness or rightness in conduct or character, sometimes,
         specifically, to sexual conduct.

THE TEST OF OBSCENITY:

   - The test is objective. It is more on the effect upon the viewer and
     not alone on the conduct of the performer.
   - If the material has the tendency to deprave and corrupt the mind of
     the viewer then the same is obscene and where such obscenity
     is made publicly, criminal liability arises.
   - As long as the pornographic matter or exhibition is made privately,
     there is no crime committed under the Revised Penal Code because
     what is protected is the morality of the public in general.

People v Kottinger (1923)
   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 v Aparici
   The reaction of the public during the performance of a dance by one
   who had nothing to cover herself with, except nylon patches over her
   breasts and too abbreviated pair of nylon panties to interrupt her
   stark nakedness should be made the gauge in the determination of
   whether the dance or exhibition was indecent or immoral.

People v Padan (1957)
   An actual exhibition of the sexual act can have no redeeming
   feature - no room for art. Therefore, it is a clear and unmitigated
   obscenity.