This case has been cited 1 times or more.
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2006-12-06 |
QUISUMBING, J. |
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| Almost a century has passed since the Court first attempted to define obscenity in People v. Kottinger.[14] There the Court defined obscenity as something which is offensive to chastity, decency or delicacy. The test to determine the existence of obscenity is, whether the tendency of the matter charged as obscene, is to deprave or corrupt those whose minds are open to such immoral influences and into whose hands a publication or other article charged as being obscene may fall.[15] Another test according to Kottinger is "that which shocks the ordinary and common sense of men as an indecency."[16] But, Kottinger hastened to say that whether a picture is obscene or indecent must depend upon the circumstances of the case, and that ultimately, the question is to be decided by the judgment of the aggregate sense of the community reached by it.[17] | |||||