CONTEMPORARY MORAL SENSE

Since a person is considered as an individual moral

unit, then the community or society composed of
individual person is considered as a General Moral
Unit.
Both Individual and Society have a right to be
protected from obscene or indecent activities and
materials in the different media of expression.

TEST OF INDECENCY OR OBSCENITY

Does the act or material depict conduct in a patiently
offensive way ( lascivious)?
Does the act or material lack redeeming social value?
Does the act or material violate the generally
accepted moral sense of the community?

HOW TO ASCERTAIN THE

CONTEMPORARY MORAL SENSE
The guiding principles in search for correct solution is
the main consideration. Opinions in a pluralistic
society must also be consulted.There is a marked of
divergence views as to the ascertainment of the

contemporary moral sense of the community.

According to Justice Benjamin Cardozo, views of men and
women of the community whom the social mind would
rank as intelligent and virtuous must be considered. It
is not for the adjudicating official to substitute his /
her personal outlook or belief in this matter, rather
the views of substantial portion of the intelligent and
virtuous persons in the community.

Opinions

Stated differently from the view of Jerome Frank who sat

with Learned Hand in the US Court of Appeals, dissented on
the ground that it should be the attitude of the ETHICAL
LEADERS of the community that should be considered in
ascertaining the contemporary moral sense.

Philosopher Henri Bergson posits the view that while moral

values are intuitively apprehended, there should be
thoughtful refelection on what the substantial portion of
the intelligent and virtuous persons in the community
would feel on a particular act or material in question.
Considering the solution In terms of its general acceptance
along rational and plausible lines. Is the solution
reasonable and believable? Only when the result of
relfective intuition is both rational and plausible will it
gain general acceptance.

Yusingco vs Republic of the

Philippines
GR No.L-6162
FACTS:
In the matter of petition of Yusingco, to be admitted as
citizen of the Philippines ( naturalized) has been
granted by the CFI of Cotabato.
That petitioner Yusingco, has been found maintaining
two Chinese wives and one illicit affair.
He he has begotten children to all the women stated in
the above.

Yusingco vs Republic of the

Philippines
GR No.L-6162
ISSUE:
Whether or not the CFI has erred in its judgment in
granting the naturalization of Yusingco.
Whether or not the petitioner has conducted himself
in a proper and irreproachable manner during his
residency in the Philippines
Whether or not the provision in Sec 2 of the Revised
Naturalization Law has been violated.

Yusingco vs Republic of the

Philippines
GR No.L-6162
RULING:
The court upheld that what constitues proper and
irreproachable conduct within the meaning of Sec. 2
of the Revised Naturalization Law must be determined
, not by the law of which the petitioner is a citizen.
While polygamy is allowed in China, but by the
standards of morality prevalent in this country, and
these in turn by religious beliefs and concepts
existing therein. This country is predominantly
Catholic and Universally Christian. Both seduction
and bigamy are punished as crimes. While seduction is
a private crime and illegitimates declared legal
heirs, and man and woman known to be unmarried are
in general despised and avoided in the society, even
not considered social outcast

Yusingco vs Republic of the

Philippines
GR No.L-6162
Society may pardon the sins of their members but such
pardon should not confused with approval. In the case
at bar, a man who had previously lived wither woman
with whom he has children and subsequently
abandoned them, marrying another, his conduct can no
under circumstance be considered : proper and
irreproachable within the meaning of the law, even if
he actually gives support to his children.
The judgement appealed from is thefore, hereby
reversed and the petition for naturalization DENIED.

APPLICABILITY
In this landmark case of Yusingco, what was
considered was the social interest in the general
morals based on the right and concern of the entire
community, against those forms of acts and practices
which are offensive to the contemporary moral
standard of the community.
END OF SLIDES