Case Digest (G.R. No. 20569)
Facts:
The People of the Philippine Islands v. J. J. Kottinger, G.R. No. 20569, October 29, 1923, the Supreme Court En Banc, Malcolm, J., writing for the Court.On November 24, 1922, Detective Juan Tolentino raided the premises of the Camera Supply Co. at 110 Escolta, Manila, and confiscated a number of picture post-cards. The confiscated cards formed the basis of a criminal information filed in the Court of First Instance of Manila charging J. J. Kottinger, manager of the Camera Supply Co., with keeping for sale obscene and indecent pictures in violation of Section 12 of Act No. 277 (the Libel Law).
At the trial level the defendant filed a demurrer contending that the facts alleged did not constitute an offense; the trial court overruled the demurrer. After presentation of evidence, the trial court found Kottinger guilty and imposed a fine of P50 with subsidiary imprisonment in case of insolvency, plus costs. The government relied largely on the postcards themselves as proof of obscenity; the fiscal admitted that the pictures represented natives in their native dress. The defense presented testimony, including that of Dr. H. Otley Beyer of the University of the Philippines, that the photographs were true-to-life depictions of inhabitants and costumes observed in various provinces.
On appeal to the Supreme Court (case submitted in banc), the Court reviewed whether (1) the information adequately charged an offense under Section 12, Act No. 277, and related provisions, and (2) the postcards depicting non-Christian inhabitants in native dress were obscene or indecent within the meaning of the statute. The Court considered Section 12, Article 571 No. 2 of t...(Pro-only)
Issues:
- Does the information sufficiently charge an offense under Section 12 of Act No. 277 (the Libel Law)?
- Are the photographic postcards portraying inhabitants in native dress "obscene or indecent" within the meaning of Section 12 of Act ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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