G.R. No. L-2785

FACTS:
The accused, Jose Catajay, was convicted by the trial court of the crime of public scandal under Article 441 of the Penal Code. The acts complained of were committed at night inside a private house, with no one present except the accused, the mistress of the house, and one servant.

ISSUE:
Whether the acts committed by the accused, under the circumstances of being at night and inside a private house with only three persons present, constitute the crime of public scandal which requires a degree of publicity as an essential element.

RULING:
No. The Supreme Court reversed the conviction for public scandal. The Court held that the circumstances (nighttime, a private house, and limited presence of only three individuals) did not satisfy the requisite degree of publicity essential for the crime under Article 441 of the Penal Code. Citing Spanish jurisprudence and commentator Viada, the Court ruled that for the crime to exist, the offensive act must be public so as to produce grave scandal. Since the act lacked this publicity, it did not constitute the crime charged.

However, the Court found that the accused’s acts fell under the lesser offense defined and penalized under No. 2, Article 571 of the Penal Code (corresponding to Art. 586[2] of the Spanish Penal Code), which punishes those who, by any acts, offend against good morals and customs without committing a crime. As this offense is necessarily included in the charge of public scandal, the Court convicted the accused thereof. The penalty imposed was ten days of imprisonment (arresto), a fine of 125 pesetas, and the costs of suit.

Separate Opinion: Justice Torres dissented, arguing that the act was public enough as it became known to neighbors, and would have affirmed the conviction for public scandal.