Question

Juan and Petra are officemates. Later, intimacy developed between them. One day, Juan sent to Petra a booklet contained in a pay envelope which was securely sealed. The booklet is unquestionably indecent and highly offensive to morals. Juan was thereafter charged under paragraph 3 of Art. 201 of the RPC, as amended by P.D. 969, which provides that the penalty of prision mayor or a fine from P6,000 to P12,000, or both such imprisonment and fine shall be imposed upon those who shall sell, give away or exhibit films, prints, engravings, sculpture or literature which are offensive to morals. Is Juan guilty of the crime charged? Reasons. (1993 BAR)

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