Grave Scandal
On Criminal Law
Grave Scandal
ART. 200.
ART. 200.
The penalties of arresto mayor and public censure shall be imposed upon any person who shall offend against decency or good customs by any highly scandalous conduct not expressly falling within any other article of this Code.
Elements:
1. That the offender performs an act;
2. That such act/s be highly scandalous as offending against decency or good customs;
3. That the highly scandalous conduct does not expressly fall within any other article of the RPC; and
4. That the act/s complained of be committed in a public place or within the public knowledge or view.
Grave scandal consists of acts that are offensive to decency and good customs. They are committed publicly and thus, give rise to public scandal to persons who have accidentally witnessed the acts. The public view is not required. It is sufficient if committed in a public place. For being committed
within public knowledge, it may occur even in a private place; the number of people who see it is not material.
Decency means properly observing the requirements of modesty, good taste.
Customs refers to established usage, social conventions carried on by tradition and enforced by social disapproval in case of violation.
The essence of grave scandal is publicity and that the acts committed are not only contrary to morals and good customs but must likewise be of such character as to cause public scandal to those witnessing it.
The acts must be performed in a public place or within the public knowledge or view.
If it is committed in a private place, the crime of grave scandal is not committed.
In conduct involving lasciviousness, it is grave scandal only where there is mutual consent.
Any act which is notoriously offensive to decency may bring about criminal liability for the crime of grave scandal provided such act does not constitute some other crime under the Revised Penal Code. Grave scandal is a crime of last resort.
DECENCY - means proprietary of conduct; proper observance of the requirements of modesty, good taste, etc.
CUSTOMS - established usage, social conventions carried on by tradition and enforced by social disapproval of any violation thereof.
GRAVE SCANDAL - consists of acts which are offensive to decency and good customs which, having committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same.
Illustration:
A man and a woman went to Luneta and slept there. They covered themselves with their blanket and made the grass their conjugal bed. This is grave scandal.
Elements:
1. That the offender performs an act;
2. That such act/s be highly scandalous as offending against decency or good customs;
3. That the highly scandalous conduct does not expressly fall within any other article of the RPC; and
4. That the act/s complained of be committed in a public place or within the public knowledge or view.
Grave scandal consists of acts that are offensive to decency and good customs. They are committed publicly and thus, give rise to public scandal to persons who have accidentally witnessed the acts. The public view is not required. It is sufficient if committed in a public place. For being committed
within public knowledge, it may occur even in a private place; the number of people who see it is not material.
Decency means properly observing the requirements of modesty, good taste.
Customs refers to established usage, social conventions carried on by tradition and enforced by social disapproval in case of violation.
The essence of grave scandal is publicity and that the acts committed are not only contrary to morals and good customs but must likewise be of such character as to cause public scandal to those witnessing it.
The acts must be performed in a public place or within the public knowledge or view.
If it is committed in a private place, the crime of grave scandal is not committed.
In conduct involving lasciviousness, it is grave scandal only where there is mutual consent.
Any act which is notoriously offensive to decency may bring about criminal liability for the crime of grave scandal provided such act does not constitute some other crime under the Revised Penal Code. Grave scandal is a crime of last resort.
DECENCY - means proprietary of conduct; proper observance of the requirements of modesty, good taste, etc.
CUSTOMS - established usage, social conventions carried on by tradition and enforced by social disapproval of any violation thereof.
GRAVE SCANDAL - consists of acts which are offensive to decency and good customs which, having committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same.
Illustration:
A man and a woman went to Luneta and slept there. They covered themselves with their blanket and made the grass their conjugal bed. This is grave scandal.
Bar Exam Question (1996)
Pia, a bold actress living on top floor of a plush condominium in Makati City sunbathed naked at its penthouse every Sunday morning. She was unaware that the business executives holding office at the adjoining tall buildings reported to office every Sunday morning and, with the use of powerful binoculars, kept on gazing at her while she sunbathed. Eventually, her sunbathing became the talk of the town.
1) What crime, if any, did Pia commit? Explain,
2) What crime, if any, did the business executives commit? Explain.
Suggested Answer:
1) Pia did not commit a crime, the felony closest to making Pia criminally liable is Grave Scandal, but then such act is not to be considered as highly scandalous and offensive against decency and good customs. In the first place, it was not done in a public place and within public knowledge or view. As a matter of fact it was discovered by the executives accidentally and they have to use binoculars to have public and full view of Pia sunbathing in the nude.
2) The business executives did not commit any crime. Their acts could not be acts of lasciviousness (as there was no overt lustful act), or slander, as the eventual talk of the town, resulting from her sunbathing, is not directly imputed to the business executives, and besides such topic is not intended to defame or put Pia to ridicule.
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