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Grave Scandal

ART. 200.

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 which 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 public place. For being committed
within the public knowledge, it may occur even in a private place; the
number of people who sees it is not material.

Decency means properly observing the requirements of modesty, good taste

Customs refer 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 conducts 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 their blanket and made the grass their conjugal bed.
   This is grave scandal.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

2 comments to '' Grave Scandal "

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  1. whats the penalty?

    ReplyDelete
    Replies
    1. 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.

      Penalty is arresto mayor. Arresto Mayor's
      range of imprisonments is 1 month and 1
      day to 6 month.

      Delete

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