Criminal Law II Case Digests

TEST OF OBSCENITY, INDECENCY morals inspiring nothing but lust and lewdness, exerting a
People v. Padan corrupting influence on the youth of the land.
G.R. No. 7295|J. Montemayor|June 28, 1957
NOTE: The CFI had already reduced the fiscal’s recommended
ISSUE: W/N Marina Padan who voluntarily pleaded guilty fine from ₱600 to ₱200 in consideration of her voluntary plea of
should have her prison sentence eliminated from the judgment. guilt.
NO.

FACTS: In a building normally used for ping-pong matches, a

sexual exhibition show was surreptitiously held. Three-peso
tickets were sold to spectators who promoted the event by word
of mouth. The Manila Police Department, having heard of the
event, secured tickets for its members in order to conduct a raid.

At the event itself, the crowd were asked to choose which of two
women would perform the coital act on an army bed with Cosme
Espinoza––Marina Padan was chosen. They touched each other to
arousal and performed three rounds with different positions.

The MPD sprung into action and arrested them.

Padan pleaded not guilty along with the other co-accused but
subsequently entered a guilty plea.

CFI-MLA: Six months prisión correctional and ₱200 fine.

On appeal, Padan did not question conviction but asked that her
prison sentence be expunged given her voluntary plea.

HELD: The punishment fits the crime given its seriousness.

Actual exhibition of the sex act preceded by acts of lasciviousness
can have no redeeming feature.

There is no room for art. One can see nothing but clear
unmitigated obscenity and indecency and offense to public

gmsg 1! of !1