Article 201

People vs. Kottinger

45 Phil. 352 FACTS: Accused Kottinger's camera business store was raided. Among the materials confiscated were some pictures that show Filipino inhabitants in their native dress. Using these items, he was charged of violating section 12 of Act No. 277, the Philippine Libel Law. His pictures were being used as post cards of the non-Christian natives of the country. HELD: (Malcolm, J.) Although Philippine laws do not define what obscenity means, the Court defined obscene or obscenity as "something offensive to chastity, decency, or delicacy." There are two tests whether something is obscene: (1) whether it corrupts the mind of the viewers to such immoral influences, or (2) it shocks the ordinary and common sense of men as an indecency. In the case at bar, the pictures merely portrayed the inhabitants in their native dress as testified by a UP Professor. Moreover, there are pictures of similar nature which are imported and circulated in the Philippines, such as a book about the Ifugaos. As such, the pictures were not obscene within the meaning of the law. DISSENTING: (Araullo, C.J.) The pictures may not be indecent in the places where they were taken, however, should the pictures be shown in Manila, they will be taken as indecent.

to cover her breasts and nylon panty. She avers that she was performing an artistic hula-hula dance to portray a widow who lost her husband after being killed by the Japanese. However, the crowd watching were howling and cheering to continue her performance because they were sexually aroused. HELD: The accused was found guilty. The test of obscenity here is the reaction of the crowd. Regarding the defense that the crowd was of the lower class, there was no proof. Moreover, it doesn't matter what class the crowd belonged. What is important is that they were induced or encourage to think of immoral acts.

Cabal vs. Kapunan

6 SCRA 1059 FACTS: Petitioner Cabal, then-Chief of Staff of the AFP, faced an administrative case against him after a complainant, member of the Philippine army, charged the former of violating R.A. 1379. The committee in-charge of hearing the case required petitioner to take the stand and testify. However, the petitioner desisted since it would violate his right against self-incrimination. Thru the fiscal, a charge of contempt was filed against the petitioner. The petitioner assails the charge in this case. HELD/RATIO: The petitioner cannot be forced to testify since it would violate his right to selfincrimination. The administrative case seeks to punish the accused by forfeiting the items should he be adjudged guilty. As such, the nature of the case is criminal. In a criminal case, the accused cannot be forced to testify.

People vs. Padan

101 Phil. 749 FACTS: The four accused where charged with obscenity. The accused were arrested after they prepared a show entitled "fighting fish" wherein a man and a woman had open sexual intercourse before a crowd. They were all convicted. In this case, two accused appeal; one was the woman performer who sought to lower her penalty, while the other claimed to be a mere bystander and not the manager. HELD: The accused were found guilty. This case is a clear showing of showing obscene or indecent acts. Regarding the womans appeal, her penalty was drastically reduced by the lower court already. Regarding the other accused, there is ample evidence to show that he was the manager; e.g., he was at the entrance gathering the tickets, he was the one who asked the audience who the latter would want to have sex.

Republic vs. CA
172 SCRA 296 FACTS: Spouses Berdon were charged of unexplained wealth under R.A. 1379. Husband Berdon, an assistant civil engineer of the DPWH, and wife, a pharmacist, acquired parcels of land and constructed a house. The amount is said to be disproportionate to their income. The RTC dismissed the case. Likewise, CA found nothing to reverse. Hence, the Republic made this appeal. HELD/RATIO: The courts are not bound by the statement of assets and liabilities in determining whether a wealth is unexplained under the language of R.A. 1739. It was satisfactorily explained how the spouses acquired the money for the purchase of parcels

People vs. Aparici

52 O.G. 249 FACTS: Accused Aparici was charged with obscenity. The accused was caught while performing in a theater wearing nylon patches

Crimes Committed by Public Officers

of land and the construction of a house. The money came from loans and donations.

RA 3019 Graft and Corruption

Malversation Infidelity of Public Officer

Trieste vs. Sandiganbayan

145 SCRA 508 FACTS: Accused Trieste, a municipal mayor, was charged with corruption for allegedly intervening in a contract involving a company named Trigen, which the accused allegedly was a member and a stockholder. HELD/RATIO: The accused was acquitted. Regarding the intervention, what the law contemplates is a direct intervention of a public official in a transaction in order to favor a certain choice. What transpired in this case is that the mayors act of signing vouchers took place after delivery. He did not use his influence in order to favor Trigen.

Labatagos vs. Sandiganbayan

183 SCRA 415 FACTS: Accused Labatagos, a cashier and collecting officer of Mindanao State University, was charged with malversation after she failed to explain the shortages of the amount she remitted to the bank. HELD/RATIO: The accused was found guilty. Regarding her defense that she was made to believe that she incurred only a small amount as shortage, the evidence shows that she signed documents showing that it was a large amount. Moreover, her claim that she was on maternity leave is belied by a witness who testified that she still continued working even after filing a maternity leave.

Rodillas vs. Sandiganbayan

161 SCRA 347 FACTS: Accused Rodillas was charged with infidelity in the custody of prisoners. The accused, a police officer, was tasked with the custody of a detention prisoner charged with the crime of violating the Dangerous Drugs Act. After the hearing, the husband of the accused sought permission from the accused to have lunch with the detainee. The accused consented. Later on, the detainee asked to go to the comfort room. After 10 minutes, the accused became suspicious and entered the comfort room. Thereafter, he realized that the detainee had already escaped. HELD/RATIO: The accused was found guilty. In the crime of infidelity in the custody of prisoners, the offender may be liable even if he acted negligently or even if he did not connive with the prisoner.

Mejorada vs. Sandiganbayan

151 SCRA 399 FACTS: Accused Mejorada, a right-of-way agent of the office of the Highway District Engineer, was charged with graft and corruption after he divested the claimants of a sum for the compensation of their property to be expropriated for road widening. HELD/RATIO: The accused was found guilty. He fits squarely with the elements of graft and corruption.

Ilogon vs. Sandiganbayan

218 SCRA 766 FACTS: Accused Ilotogon, an acting Postmaster, was charged with malversation after auditors checked and found out that there were shortages of funds. The accused avers that the missing funds were distributed as cash advance to employees. HELD/RATIO: The accused was found guilty. Even if he didnt use the money himself, he was still liable since the crime of malversation can be committed where the one charged with funds is unable to show such finances after a demand is made.