Problem : Moral Turpitude
Black’s Law Dictionary definition of moral turpitude as
“an act of baseness, vileness, or depravity in the private duties which a man owes his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and man, or conduct contrary to justice, honesty, modesty, or good morals.
“Act or behavior that gravely violates moral sentiment or accepted moral standards of community and is a morally culpable quality held to be present in some criminal offenses as distinguished from others.”
“The quality of a crime involving grave infringement of the moral sentiment of the community as distinguished from statutory mala prohibita.”
What Causes the Problem?
Offenses involving Moral Turpitude
Base on the concurring opinion of former Philippine Supreme Court Justice Arturo D. Brion on the SC case on Edgar Y. Teves versus The Commission on Elections and Herminio G. Teves (April 28, 2009 G.R. No. 180363) there are crimes categorized as crimes involving Moral Turpitude such as:
1. Abduction with consent
2. Bigamy
3. Concubinage
4. Smuggling
5. Rape
6. Estafa through falsification of a document
7. Attempted Bribery
8. Profiteering
9. Robbery
10. Murder, whether consummated or attempted
11. Estafa
12. Theft
13. Illicit Sexual Relations with a Fellow Worker
14. Violation of BP Bldg. 22
15. Falsification of Document
16. Intriguing against Honor
17. Violation of the Anti-Fencing Law
18. Violation of Dangerous Drugs Act of 1972 (Drug-pushing)
19. Perjury
20. Forgery 21. Direct Bribery
22. Frustrated Homicide
The key element in the understanding and application of the term moral turpitude “is the standard of depravity viewed from scale of right and wrong.”
There are 3 approaches/perspectives of the application of depravity standard:
1. Objective perspective of the act itself- irrespective of whether or not the