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Article 201. Immoral doctrines, obscene publications and exhibitions, and indecent shows. - The penalty of prision mayor or a fine ranging from Twenty thousand pesos (P20,000) to Two hundred thousand pesos (P200,000), or both such imprisonment and fine, shall be imposed upon:

1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals;

2. a. The authors of obscene literature, published with their knowledge in any form: the editors publishing such literature; and the owners/ operators of the establishment selling the same.

b. Those who. in theaters, fairs, cinematographs or any other place, exhibit indecent or immoral plays, scenes, acts or shows, it being understood that the obscene literature or indecent or immoral plays, scenes, acts or shows, whether live or in film, which are prescribed by virtue hereof, shall include those which: (1) glorify criminals or condone crimes; (2) serve no other purpose but to satisfy the market for violence, lust or pornography: (3) offend any race or religion: (4) tend to abet traffic in and use of prohibited drugs: and (5) are contrary to law, public order, morals, and good customs, established policies, lawful orders, decrees and edicts; and

3. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals.

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 establishments 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 indecent.

Mere nudity in paintings and pictures is not obscene.

Pictures with 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 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.