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TITLE ELEVEN

CRIMES AGAINST CHASTITY


Note: rape is no longer included under the crime against chastity.
Crimes against chastity:
1.
Adultery [art. 333]
2.
Concubinage [art. 334]
3.
Acts of lasciviousness [art. 336]
4.
Qualified seduction [art. 337]
5.
Simple seduction [art. 338]
6.
Acts of lasciviousness with the consent of the offended party [art. 339]
7.
Corruption of minors [art. 340]
8.
White slave trade [art. 341]
9.
Forcible abduction [art. 342]
10.
Consented abduction [art. 343]
Private crimes: ACASA
1.
Adultery
2.
Concubinage
3.
Acts of lasciviousness
4.
Seduction
5.
Abduction
Crimes against chastity where age and reputation of victim are immaterial:
1.
Rape
2.
Acts of Lasciviousness against the will or without the consent of the offended party
3.
Qualified seduction of sister or descendant [re: relationship only]
4.
Forcible abduction
Private crimes where virginity is an element:
1.
Consented abduction [art. 343]
2.
Qualified seduction by abuse of authority or confidence [art. 337]
ADULTERY AND CONCUBINAGE
Art. 333 who are guilty of adultery ADULTERY
PENALTY:
1.
Prision correccional medium and maximum
2.
Next lower in degree mitigating circumstance - if the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse
Elements of adultery:
1.
That the woman is married
2.
That she has sexual intercourse [not fingering] with a man not her husband
3.
That as regards the man with whom she has sexual intercourse, he must know her to be married, even if the marriage be subsequently declared void.
Discussion:
Adultery as private crime

Cannot be filed without the written COMPLAINT of the offended party

The offended party her is the HUSBAND

Both offenders must be charged/prosecuted


Can a man be held liable for adultery?
Yes provided that he knows that the woman whom he had sexual intercourse is married. He could also be held liable for adultery.
What about the man is also married? What is his criminal liability?
Aside from adultery, he could also be held liable for concubinage if the elements of concubinage are present. but remember, it is harder to convict a person of concubinage than adultery.
Under the criminal procedure as well as in the revised penal code
The woman and his paramour [laki na cabit] must be prosecuted/charged together.
Now in one case, the woman got arrested but the paramour is at large. But both of them are charged in one information for adultery. But the problem is the court was not able to acquire jurisdiction over
one of the accused. Q: can there be a separate trial? Answer is yes. because what the law requires that it is just the charging of the both. It is not necessary that the 2 accused shall be tried jointly. What
is necessary is the charging of both of them under one information.
The offended party must be legally married to the offender at the time of the filing of the criminal case Pilapil vs Ibay-Somera, 174 SCRA 653- under this case the woman was married to a
foreigner but the foreigner were able to secure a divorce in abroad. The foreigner came back in the Philippines and filed a case for adultery against his wife. HELD: the foreigner has no more personality to
file the adultery case because at the time of the filing of the adultery case they are no longer legally married because the foreigner has secured a divorced decree abroad.
Adultery not a continuing offense
Remember that the crime of adultery is committed the moment a woman has a sexual intercourse with another man other than her husband. The crime of adultery is not a continuing offense. Each sexual
intercourse constitute one crime of adultery. So ipha jud kung kapila ni boto.
PARDON by the offended party Being a private crime, adultery can be extinguished by the offended party. But the pardon must:
1.
come before the filing of the adultery case and
2.
that both the offenders must be pardoned by the offended party.
Implied pardon the act of having intercourse with the offending spouse subsequent to adulterous conduct is, at best, an implied pardon of said adulterous conduct. So ayaw jud ug kayat ana imong
asawa kung imo jud na siya file.lan ug adultery. Kay kung mukayat gani ka ana niya that would be pardon.
CONSENT by the offended party Where the spouses signed an agreement stipulating that both of us are free to get any mate and live with as husband and wife without any interference by any of us, nor either of us can prosecute the
other for adultery or concubinage, said stipulation is an unbridled liecense for the commission of concubinage or adultery. It constitutes consent.
but that agreement cannot be used as proof that their marriage is already annulled.
MIDTERM exam:
1.
Due to incompatible personalities which caused their constant quarrel, spouses POPS and MARTIN agreed to separate. But since they have no money for annulment they just a written
agreement to separate and each one of them could freely look for another partner. A month thereafter, pops live with Gabby who knew Pops to be married. Martin filed a complaint for
adultery against both arguing that the written agreement that they signed has no effect as it was not notarized. Will the case prosper?
Answer: NO. the written agreement is considered consent
Effect of the acquittal of one of the defendants
it does not operate as a cause for acquittal of the other.
Reasons of the SC:
1.
there may not be a joint criminal intent, although there is joint physical act
2.
thus, one of the parties may be insane and other sane, in which case, only the sane could be held libale criminally.
3.
Thus, also the man may not know that the woman is married, in which case, the man is innocent
4.
Thus, also the death of the woman during the pendency of the action cannot defeat the trial an conviction of the man
Effect of the death of the paramour [laki na kabit]
It will not bar prosecution against the unfaithful wife, because the requirement that both offenders should be included in the complaint is absolute only when the 2 offenders are alive. [art. 344, par. 2].
Effect of death of offended party 1.
The proceeding must continue if the offended party dies after criminal proceedings have been instituted although a mans honor ceases to exist from the moment he dies.
2.

The case cannot go on if he the offended party dies before a complaint could be filed because no one can sign and file the complaint.

THERE IS NO ACCOMPLICE IN ADULTERY under the law, there cannot be an accomplice in the crime of adultery, although in fact there can be such an accomplice.
Art. 334. Concubinage Penalty:
1.
Prision correccional minimum and medium
2.
For the concubine destierro
Elements:
1.
2.

The man must be married


That he committed any of the following acts
a.
Keeping a mistress in the conjugal dwelling

b.

Having sexual intercourse under scandalous circumstances with a woman who is not his wife

USJ-R CRIMINAL LAW REVIEW BY: DANIEL MARTIN G. ORAL

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3.

Sexual intercourse could be proven through circumstantial evidence not by direct evidence. Example: you would see them holding their hands while walking and
they would sleep together in the same room, appear together in public, perform acts in sight of the community.
Mere sexual intercourse of a woman not the wife is not liable for concubinage. It must be committed under those 3 circumstances.
c.
Cohabiting with her in any other place
That as regard the woman, she must know him to be married

Discussion:
Pananlitan muadto lang ka sa Junquera because you are not contended with your wife, ngita jud ka didto? Are you liable with concubinage by having sexual intercourse with another woman? Answer is
NO. that is why womens group are protesting over this law because this is discriminatory.
If a woman will have a sexual intercourse with another man other than her husband, that would be adultery. But how come a married man will have a sexual intercourse with another woman not his wife,
how could he not be held liable for concubinage. So that is why Senator Santiago has a pending bill which will be called marital infidelity. There is also discrepancy in the imposition of the penalty. In
cuncubinage it is only prision correccional minimum and medium while in adultery prision correccional medium and maximum.
And it would be more difficult to convict a man of concubinage because if the man would not cohabit with the woman not her wife. if the husband will only have a one night stand affair or have sexual
intercourse often times with a woman not her wife would not fall under scandalous circumstance. Manglakaw sila, mura sila ug dili kaila, is that scandalous? Answer is no. so can you convict him with
concubinage? Answer is no. because that is not scandalous.
In one case the wife employed detectives. And the private detectives were able to take pictures of her husband and his mistress. The wife filed a concubinage case against her husband. The SC acquitted
the accused because the fact you hired spies that would show that the sexual intercourse was not committed under highly scandalous circumstance. The mistress was not cohabited in the conjugal
dwelling or cohabited in any other place.
What about the CONCUBINE, is she liable for concubinage?
Yes. Provided that she knows the man to be married. But remember her penalty is just destierro.
What if BAYOT imong KAPUYO, nagmantinir ka ug BABA? Are you liable for concubinage?
NO. it must be a woman to be liable for concubinage. What if the husband is gay? There is no concubinage it must be a woman.
Who is a mistress?
Ang ilang pagtagad kay adopted child pero gihimong kabit. Question: liable for concubinage? NO. kailangan etreat jud na siya as a mistress.
Pp vs Jesus Hilao, 52 OG 904 although josefa diaz live in the house of the spouses hilao, she was never considered as concubine of accused Jesus Hilao. She was voluntarily taken and sheltered
thereat and treated as an adopted child by the spouses. She did not live, dwell or remain in the spouses dwelling in any capacity other than as a child or ward by the spouses.
What is the crime committed:

W [woman] who is married but when she meet M [man] she pretended not to be married but single. Now M also who is actually married pretended also to be Single and the 2 of them live
together as husband and wife. did they commit any crime?

1.

As to W she committed adultery but she could not be held liable for concubinage because she did not know that M was married.

2.

As to M M could not be held liable for adultery because he did not know that W is married. But he could be held liable for Concubinage.

How about, W is married and M is also married. Both of them know that each of them is married.
1.
As to W is liable for adultery and concubinage
2.
As to M is liable for adultery and concubinage

Art. 336 Acts of lasciviousness Elements:


1.
That the offender commits any act of lasciviousness of lewdness
2.
That the act of lasciviousness is committed against a person of either sex
3.
That it is done under any of the following circumstances:
a.
By using force or intimidation
b.
When the offended party is deprived of reason or otherwise unconscious
c.
By means of fraudulent machination or grave abuse of authority
d.
When the offended party is under 12 years of age or is demented
Lewd defined as obscene, lustful, indecent, lecherous. It signifies the form of immorality which has relation to moral impurity; or that which is carried on a wanton manner.
Acts of lasciviousness vs Grave Coercion Compelling a girl to dance naked before men is an act of lasciviousness, even if the dominant motive is revenge, for her failure to pay debt. But where a woman, 60 years old, was taken from her house
against her will, slapped and maltreated, her drawers taken off and her hands and feet bound by the accused to compel her to admit that the she stole the shoes of a certain person, the crime was GRAVE
COERCION.
Acts of lasciviousness vs Unjust Vexation Embracing, kissing and holding girls breast is act of lasciviousness if committed in a private place like inside a room and only two of them are present. but if it was done in public place it is UNJUST
VEXATION, like the lewd acts were done inside a church.
A man is following a young woman and the man suddenly touch the legs of the woman the crime committed is UNJUST VEXATION.

UNJUST VEXATION if done in a public place


Acts of lasciviousness if done in a private place.

Acts of lasciviousness vs attempted rape

If the acts performed by the offender clearly indicate that his purpose was to lie with the offended woman, it is attempted

In the case of attempted rape, the lascivious acts are but the preparatory acts to the commission of rape; whereas, in the other, the lascivious acts are themselves the final objective sought
by the offender

When there is not intent to have sexual intercourse, the accused is only liable for acts of lasciviousness not attempted rape.

Example of attempted rape:


1.
The acts of the accused, which consisted of slipping his trousers down and tearing the drawers of the girl, as well as kissing her and fondling her breasts, abundantly show an intention to
have intercourse with her by force.
2.

The accused lifted the dress of the woman and place himself on top of her. The woman awoke and screamed for help. But the accused persisted in his purpose, thereby indicating his
intention to ravish her through force and intimidation

3.

A woman while sleeping, a person was touching her private parts. The man was not contended, he removed the pants of the woman and put himself on top of the woman. ATTEMPTED
RAPE.

IMPORTANT: a man is sleeping, a guy without knowledge of the man who is sleeping, open the zipper of the man and suck his penis. the crime committed is only ACTS OF LASCIVIOUSNESS.
Note: there is no attempted or frustrated crime of acts of lasciviousness. Acts of lasciviousness is a formal crime.
Abuses against chastity [art. 245] vs Offenses against chastity [art. 333-343]
Abuses against chastity
Offender is a public officer
Elements:
1.
The offender is a public officer
2.
That he solicits or makes immoral or indecent advances to a woman
3.
That such woman must be
a.
Interested in matters pending before the offender for decision, or with respect to
which he is required to submit a report to or consult with a superior officer; or
b.
Under the custody of the offender who is a warden or other public officer directly
charged with the care and custody of prisoners or persons under arrest; or
c.
The wife, daughter, sister or relative within the same degree by affinity of the
person in the custody of the offender

Offenses against chastity


Offender is usually private individuals

Flow of the crime:


Unjust vexation - acts of lasciviousness - attempted rape - rape.
MIDTERM:
1.

While watching a jam pack concert of sarah at the open party space of SM. Kris notice that tasyo standing at her back in the midst of the crowd touched her breast and fondled it. What crime
is committed by tasyo?
Answer: UNJUST VEXATION
Not acts of lasciviousness because it was done on a public place.

USJ-R CRIMINAL LAW REVIEW BY: DANIEL MARTIN G. ORAL

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SEDUCATION, CORRUPTION OF MINORS,


AND WHITE SLAVE TRADE
2 KINDS OF SEDUCTION:
1.
Qualified seduction [art. 337]
2.
Simple seduction [art. 338]
Art. 337. Qualified seduction
Note: qualified seduction may lead to child abuse [in child abuse the child is a prostitute]
Penalty:
1.
Prision correccional minimum and medium
2.
Next higher in degree if the accused seduce his sister or descendant, whether or not she be a virgin or over 18 years of age
2 classes of qualified seduction:
1.
Seduction of a virgin over 12 years and under 18 years of age [12-18] by certain persons, such as, a person in authority, priest, teacher, or any person who is entrusted with the education or custody
of the victim; and
2.

Seduction of a sister by her brother, or descendant by her ascendant, regardless of her age or reputation.

ELEMENTS of qualified seduction:


1.
That the offended party is a virgin, which is presumed if she is unmarried and of good reputation

Virginity is not an element when the seducer or accused is the brother or an ascendant who seduced his descendant
2.
That she must be over 12 and under 18 years of age

Age requirement is not an element when the seducer or accused is the brother or an ascendant who seduced his descendant.

Over 12 but below 18 could be qualified seduction


If below 12 statutory rape
Exactly 12 qualified seduction the law is silent, therefore apply the doctrine of pro rio.
3.
4.
Virginity

That the offender has sexual intercourse with her


That there is abuse of authority, confidence or relationship on the part of the offender
Offended party need not be physically virgin
Offended party is still a virgin even if the accused had prior intercourse with the offended party
But the chaste character of a girl is open to question when the girl had carnal relations with other men. In law, she is no longer a virgin.

Who are the offenders in qualified seduction?


1.
Those who abused their authority
a.
Person in a public authority
b.
Guardian
c.
Teacher
d.
Person who, in any capacity, is entrusted with the education or custody of the woman seduced
2.

Those who abused confidence reposed in them:


a.
Priest
b.
House servant
c.
Domestic

Lodgers in a boarding house

Includes all those persons residing with the family and who are members of the same household, regardless of the fact that their residence may only be temporary
or that they may be paying for their board and lodging.

3.

Those who abused their relationship:


a.
Brother who seduced his sister
b.
Ascendant who seduced his descendant

Virginity of the sister or descendant is not required and she may be over 18 years of age.

Relationship must be by consanguinity [BLOOD]. The relationship need not be legitimate

Note: if the sister or descendant or the offended party is under 12 years of age, the crime committed would be rape. if she is married and over 12 years of age, it would be adultery.
Problem: a girl 16, years old, went to the house of a man, whom she loved, early one morning. When the man woke up, he was surprised to find the girl beside him on the bed. As they were in love with
each other, they had sexual intercourse without the man promising anything to the girl. What crime was committed by the man?
No crime was committed. it cannot be consented abduction, because the girl went to the house of the man voluntarily without solicitation or cajolery. It cannot be seduction, because no deceit was
employed by the man before having sexual intercourse with her.
Art. 338 Simple Seduction Elements:
1.
That the offended party is over 12 and under 18 years of age [12-18]
2.
That she must be of good reputation, single or widow
3.
That the offender has sexual intercourse with her
4.
That it is committed by means of deceit
Qualified seduction vs Simple Seduction
Qualified seduction
Elements:
1.
that the offended party is a virgin, which is presumed if she is unmarried and of good
reputation;
2.
that she must be over 12 and under 18 years of age
3.
that the offender has sexual intercourse with her
4.
that there is abuse of authority, confidence or relationship on the part of the
offender

Simple Seduction
Elements:
1.
that the offended party is over 12 and under 18 years of age
2.
that she must be of good reputation, single or widow
3.
that the offender has sexual intercourse with her

4.

that it is committed by means of deceit

In simple seduction there is no abuse of confidence, authority or relationship but there is deceit usually in a form of unfulfilled promise of marriage.
If the girl is under 12 years old, the crime committed is rape, even if the offender succeeds in having sexual intercourse with her by means of deceit.
If she is over 18 years of age, there is no force or intimidation or she is not unconscious or otherwise deprived of reason, there is no crime even if the accused has sexual intercourse with her. This is true
even if deceit is employed by the accused.
Virginity of offended party is not required

a woman who was raped before may be the victim of simple seduction provided she is a woman of good reputation

but a woman who had illicit relations with a number of men prior to accuseds sexual intercourse with her is not of good reputation

there is no seduction when the offended party is a prostitute. But there could be child abuse.

Deceit generally takes the form of unfulfilled promise of marriage

this promise need not immediately precede the carnal act

this promise must be the inducement and the woman must yield because of the promise or other inducement.

If the woman consents merely from carnal lust, and the intercourse is from mutual desire, there is no seduction.
The man is still liable for simple seduction even if he is willing and ready to marry the girl.

Like when the man knows that the girl cannot legally consent to the marriage and yet he makes a promise to marry her. His willingness to marry may still amount to deceit.

When the parents would not consent to the marriage of their young daughter

The man is not liable for seduction when after their sexual intercourse, he promised to marry the girl.
Art. 339 acts of lasciviousness with the consent of the offended party IMPORTANT
Penalty: arresto mayor
Elements:
1.
2.
3.

That the offender commits acts of lasciviousness or lewdness


That the acts are committed upon a woman who is virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation
or age
That the offender accomplishes the acts by abuse of authority, confidence, relationship or deceit

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MALE cannot be the offended party in this crime because there under this provision there no mention persons of either sex as the offended party.
In order that the crime of acts of lasciviousness with consent of the offended party may be committed, It is necessary that the crime is committed under circumstances which would make it qualified
seduction or simple seduction had there been sexual intercourse, instead of acts of lewdness only.
Under art. 339, the acts of lasciviousness are committed under the circumstances which, had there been carnal knowledge, would amount to either qualified seduction or simple seduction. There may be
consent, but there is either abuse of authority, confidence, or relationship or deceit.
See: illustration in reyes book II.
Art. 340 corruption of minors Penalty:
1.
Prision mayor
2.
Prision mayor plus temporary absolute disqualification if the offender be a public officer or employee
Acts punished:
1.
Any person who shall promote or facilitate the prostitution or corruption of persons under age to satisfy the lust of another.
The offender here is like a BUGAW or PIMP.
The crime is committed when it is only for a single act. US vs Javier, 20 Phil 337 that a single act of facilitating the corruption of a minor by placing her at anothers disposal for immoral purposes
does not legally constituted the crime under Art. 340, is no longer authoritative.
It is not necessary that the unchaste acts shall have been done what the law punishes is the act of a pimp who facilitates the corruption of, and not the performance of unchaste acts upon, the
minor. A mere proposal will consummate the offense. Thus, a father, who proposes to his daughter that she accompany a man to satisfy the lust of the latter, commit a consummated corruption of minors.
When the victim is under 12 years of age the penalty for corruption of minors shall be one degree higher than that imposed by law when the victim is under 12 years of age [sec. 10, RA no. 7610].
See: RA no. 7610 Child abuse
Art. 341 White Slave Trade The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who, in any manner, or under any pretext, shall engage in the business or shall
profit by prostitution or shall enlist the services of women for the purpose of prostitution.
NOTE: there is habitually and consideration here. The victim could be any person not necessarily a minor.
The acts penalized as white slave trade:
1.
Engaging in the business of prostitution
2.
Profiting by prostitution
3.
Enlisting the services of women for the purpose of prostitution
Under the present law white slave trade is now punished under RA no. 9208 Anti-trafficking in Persons Act of 2003.
under any pretext one who engaged the services of a woman ostensibly as a maid but in reality for purposes of prostitution and who in fact dedicated her to such immoral purposes for profit, is guilty of
white slave trade.
White Slave Trade [art. 341] vs Slavery [art.272]
White Slave Trade [art. 341]
Here there could be consent or without consent of the woman

Slavery [art.272]
The woman is enslave against her will.

Corruption and white slavery

Corruption of minors [art. 340]


Victim is a minor
Male or female
Not necessarily for profit

White slavery [art. 341]


Victim need not be a minor
Limited only to female
Necessarily for profit

ABDUCTION
Two kinds of abduction:
1.
Forcible abduction
2.
Consented abduction
Art. 342 Forcible Abduction Elements of forcible abduction
1.
That the person abducted is any woman, regardless of her age, civil status, or reputation
2.
That the abduction is against her will
3.
That the abduction is with the lewd designs
Notes:

If the offended party is under 12 years of age, the crime committed is forcible abduction, even if the girl agrees to the elopement

Husband not liable for abduction for his wife, as lewd design is wanting.

Forcible abduction vs grave coercion


In both crimes, there is violence or intimidation used by the offender and the offended party is compelled to do something against her will. When there is no lewd design, it is coercion,
provided that there is no deprivation of liberty for an appreciable length of time [otherwise, it could be kidnapping/serious illegal detention]

Forcible abduction vs corruption of minors


Forcible abduction

Abducted any woman regardless of age, reputation, or civil status

Abduction is against her will

Abduction is with lewd designs

Forcible abduction vs kidnapping and serious illegal detention


When there is deprivation of liberty and no lewd designs, it is kidnapping and serious illegal detention [art. 267]
Forcible abduction

Corruption of minors
Abducted any minor children
Abduction is without lewd designs
Abduction is for the purpose of lending the child to illicit intercourse with others

Victim is always a woman


With lewd designs
Crimes against chastity

Kidnapping
Victim is any individual [man or woman or minor]
Without lewd design
Crimes against liberty

Forcible abduction with rape [under art. 48]


A, B, C and others grabbed a girl 15 years of age and then dragged her to a nearby forest. There she was brutally ravished, first by A and afterwards by B and then by C. are they guilty of
kidnapping with rape?
RULING: NO. the crime is not kidnapping with rape but forcible abduction with rape. when the violent taking of a woman is motivated by lewd designs, forcible abuction under art. 342 of the
RPC is the offense. When it is not so motivated, such taking constitute kidnapping under art. 267. The crime committed is forcible abduction with rape
Note: if the only way to rape the victim is to abduct her, then there would be a complex crime of forcible abduction with rape. but the complex crime of forcible abduction with rape can only be
charged once against A and not against B and C. B and C should be held each liable for 3 counts of Rape.

There can only be one complex crime of forcible abduction with rape [under art. 48].
A, B and C grabbed a girl 15 years of age and then dragged her to a nearby forest. There she was brutally ravished, first by A and afterwards by B, then by C. are A, B, and C guilty of forcible
abduction with rape?
No. the crime of forcible abduction was only necessary for the first rape. Therefore, only A can be held liable for the crime of forcible abduction with rape and 2 separate acts of rape. B and C
would be liable each only for 3 acts of rape. The subsequent acts of rape can no longer be considered as separate complex crime of forcible abduction with rape.
Summary:
a.
As to A the crime committed is forcible abduction with rape and 2 acts of rape
b.
As to B the crime committed is 3 acts of rape
c.
As to C the crime committed is 3 acts of rape

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Is there a complex crime of forcible abduction with attempted rape?


NO. the attempt to rape is absorbed by the abduction, being the element of lewd design of the latter.

Rape may absorb forcible abduction if the main objective was to rape the victim.

The crime of acts of lasciviousness and forcible abduction are two distinct crime, therefore, the conviction or acquittal of one does not bar the prosecution of the other. Double jeopardy will
not attach.

Art. 343 Consented abduction Elements:

1.
2.

3.
4.

That the offended party must be a virgin


That she must be over 12 and under 18 years of age

If below 12 forcible abduction even if the minor consented

If there is sexual intercourse and the victim is below 12 the crime is statutory rape
That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender
That the taking away of the offended party must be with lewd designs

Problem: a girl 16, years old, went to the house of a man, whom she loved, early one morning. When the man woke up, he was surprised to find the girl beside him on the bed. As they were in love with
each other, they had sexual intercourse without the man promising anything to the girl. What crime was committed by the man?
No crime was committed. it cannot be consented abduction, because the girl went to the house of the man voluntarily without solicitation or cajolery. It cannot be seduction, because no deceit was
employed by the man before having sexual intercourse with her.
Private crimes where virginity is an element:
1.
Consented abduction [art. 343]
2.
Qualified seduction by abuse of authority or confidence [art. 337]

Art. 344 Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness
Prosecution of adultery concubinage, seduction, abduction, and acts of lasciviousness:
1.
Adultery and Concubinage [AC]:

Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse
ADULTERY:

Offended spouse is the HUSBAND


CONCUBINAGE:

Offended spouse is the WIFE

2.

The offended party cannot institute criminal prosecution without including both the guilty parties if they are both alive, in any case, if he shall have consented [before the act] or
pardoned [after the act] the offenders.

Seduciton, abduction, or acts of lasciviousness [SAA] must be prosecuted upon complaint signed by:
a.
Offended party
b.
His or her parents
c.
Grand parents
d.
Guardians in the order in which they are named aboved
Note: the criminal action for the crime of Seduction, abduction, or acts of lasciviousness will not prosper if the offender has been expressly pardoned by the above-named complainant.

White slavery, corruption of minor are not included they are not private crimes as well as rape. therefore they can be prosecuted de officio.
PROSECUTION OF ADULTERY and CONCUBINAGE
The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal prosecution without including both the
guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders [sec. 5, Rule 110, Rules of Court; Art. 344, RPC].

Who are the offended spouse?


In adultery it is the HUSBAND
In Concubinage it is the WIFE

Only the offended spouse can filed the complaint. Even in the case where the offended spouse is underage, his or her parents cannot file the complaint for adultery or concubinage against
the offenders. If disease the offended spouse becomes incapacitated to file the complaint, nobody else can file it for him or her.

Both the guilty parties, if both alive, must be included in the complaint for adultery or concubinage. Both parties must be included in the complaint even if one of them is not guilty. The
determination of their guilt or innocence are left to the court.

NOTE: if there is no complaint, the court has still jurisdiction but cannot exercise its jurisdiction. [dismiss the case on ground of lack of jurisdiction].
PARDON or CONSENT in ADULTERY AND CONCUBINAGE
Pardon of the offenders by the offended party is a bar to prosecution for adultery or concubinage. The pardon may be express or implied.
The pardon in adultery and concubinage must come before the institution of the criminal action and both offenders must be pardoned by the offended party is said pardon is to be effective. If the
pardon is after the institution of the criminal action, the criminal proceeding will continue.
Can the parent of the offended party in adultery or concubinage validly pardon the offenders? NO. the parents of the offended party cannot validly pardon the offenders in adultery or concubinage.
Implied pardon the act of having intercourse with the offending spouse subsequent to adulterous conduct is, at best, an implied pardon of said adulterous conduct. So ayaw jud ug kayat ana imong
asawa kung imo jud na siya file.lan ug adultery. Kay kung mukayat gani ka ana niya that would be pardon.
CONSENT by the offended party Where the spouses signed an agreement stipulating that both of us are free to get any mate and live with as husband and wife without any interference by any of us, nor either of us can prosecute the
other for adultery or concubinage, said stipulation is an unbridled liecense for the commission of concubinage or adultery. It constitutes consent.
But that agreement cannot be used as proof that their marriage is already annulled.
Example of pardon:
F was aware that his wife was having carnal relations with M. with this knowledge, F and his wife executed a separation agreement. After this agreement was signed by them, F visited his wife and M in
their residence. Later, F filed a complaint for adultery against his wife and M. his complaint for adultery was dismissed, because F had pardoned the adulterous acts of his wife.
Delaying in the filing of complaint, if satisfactorily explained, does not indicate pardon.
PROSECUTION OF SEDUCTION, ABDUCTION AND ACTS OF LASCIVIOUSNESS [SAA]
See: sec. 5, Rule 110, Rules of court.
The fact that she is a minor [being only 12 years old] is not an impediment for her to sign the complaint.
When the offended party is of age and is in complete possession of her mental and physical faculties, she alone can file the complaint.
Is the father, if living, preferred to the mother in the filing of the complaint for seduction? NO. there is no indication that the father is preferred over the mother in filing of the complaint.
The guardian is one legally appointed by the court.
The complaint which must be signed by the offended party , must be filed in the court, not with the fiscal.
PARDON IN SEDUCTION, ABDUCTION, AND ACTS OF LASCIVIOUSNESS
The pardon must be EXPRESS in seduction, abduction, or acts of lasciviousness.
Can the parent validly grant pardon to the offender without the express pardon by the offended girl?
The mother of the offended girly, 11 years of age, cannot validly grant pardon because the pardon must be granted directly by the offended party, and it is only when she is dead or otherwise incapacitated
to grant it, that her parents, grandparents or guardian may do so for her. Pardon by the parent must be accompanied by the express pardon of the girl herself.
GR: pardon by the offended party who is a minor must have the concurrence of the parents.
Reason: the minor girl in her tender age and lack of sufficient knowledge, would hardly know the full impact and consequences of her acts. In her indifference and inexperience, the parents are given the
right and power to protect her.
Exception: when the offended girl has no parents who could concur in the pardon, she can validly extend a pardon even if she is a minor, as when the offender is her father and her mother is already
dead.
Effect of marriage in seduction, abduction or acts of lasciviousness

USJ-R CRIMINAL LAW REVIEW BY: DANIEL MARTIN G. ORAL

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In case of seduction, abduction and acts of lasciviousness, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The
provisions of this paragraph shall also be applicable to the co-principals, accomplices, and accessories after the fact of the above-mentioned crimes [SAA].

The marriage must be entered into in good faith and with the intent of fulfilling the marital duties and obligations [Pp vs Santiago, 51 Phil 68].

Marriage of parties guilty of adultery or concubinage, not included:


A and B were prosecuted for adultery and, after trial, were convicted. While serving sentence for a few days, the offended husband died. A and B want to marry to be relieved of criminal responsibility. Is
this legally possible?
NO. because the marriage of the parties guilty of adultery and concubinage is not included in this provision, as a means to extinguish the criminal action or to remit the penalty already imposed. The
reason for this is that both are offenders.
In a prosecution for concubinage, the marriage between the erring Husband and his concubine, before or after the institution of the case is not available as a defense.
In RAPE, marriage extinguishes the criminal action or the penalty imposed only as to the principal.
Since rape has ceased to be a crime against chastity, but is now a crime against persons, it now appears that marriage extinguishes the penal action and the penalty only as to the principal and not as to
the accomplices and accessories.
Art. 345 Civil liability of persons guilty of crimes against chastity Persons guilty of rape, seduction, or abduction shall also be sentenced:

1.
2.
3.

To indemnify the offended women [in rape = 50,000 prevailing]


To acknowledge the offspring, unless the law should prevent him from so doing;
In every case to support the offspring

The adulterer and the concubine in the case provided for in articles 333 and 334 may also be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages
caused to the offended spouse.
When three persons, one after another, raped a woman, not one may be required to recognize the offspring of the offended woman, it being impossible to determine the paternity thereof [ Pp vs Pedro de
leon, April 1950]
Civil liability in rape of married woman
Only indemnity is allowed in rape of a married woman. Defendant cannot be sentenced to acknowledge the offspring, because the character of the origin prevent it, for the woman is married [Pp vs
Manaba, 58 Phil 665].
Art. 346 Liability of ascendants, guardians, teachers or other persons entrusted with the custody of the offended party The ascendants, guardians, curators, teachers, and any person who, by abuse of authority or confidential relationship, shall cooperate as accomplices in the perpetration of the crimes
embraced in chapters second, third and fourth of this title, shall be punished as PRINCIPALS.
crimes embraced in chapters second, third and fourth of this title
1.
Acts of lasciviousness
2.
Qualified seduction
3.
Simple seduction
4.
Acts of lasciviousness with the consent of the offended party
5.
Corruption of minors
6.
Whit slave trade
7.
Forcible abduction
8.
Consented abduction
Teachers or other persons in any other capacity entrusted with the education and guidance of youth, shall also suffer the penalty of temporary special disqualification in its maximum period
to perpetual special disqualification.
Any person falling within the terms of this article, and any other person guilty of corruption of minors of the benefit of another, shall be punished by special disqualification from filling the
office of guardian.
Persons who cooperate as accomplices but are punished as principals in seduction, abduction, etc.
They are:
1.
Ascendants
2.
Guardians
3.
Curators
4.
Teachers, and
5.
Any other person who cooperates as accomplice with abuse of authority or confidential relationship
Actually, these persons participate as accomplices in the commission of any crimes mentioned, but they are held liable as principals.
There is another crime where the accomplice is punished as principals, and that is the crime of slight illegal detention [art. 268, par. 2].
Also take note in ANTI-HAZING ACT
Sec.4[h] the owner of the place where hazing is conducted shall be liable as an ACCOMPLICE, when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the
same from occurring if the hazing is held in the home of one of the officers or members of the fraternity, group or organization, the parents shall be held liable as PRINCIPALS when they have actual
knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring.
OWNER OF THE PLACE ACCOMPLICE
PARENTS of the officers or members PRINCIPALS
The school authorities including faculty members who consents to the hazing or who have actual knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as
accomplices for the acts of hazing committed by the perpetrators.
SCHOOL AUTHORITIES including faculty members - ACCOMPLICE
IMPORTANT: The officers, former officers, or alumni of the organization, group, fraternity or sorority who actually planned the hazing although not present when the acts constitution the hazing were
committed shall be liable as PRINCIPALS.
Officers or members of an organization, group, fraternity or sorority who knowingly cooperated in carrying out the hazing by inducing the victim to be present thereat shall be liable as PRINCIPALS. A
fraternity or sororitys adviser who is present when the acts constituting the hazing were committed and failed to take any action to prevent the same from occurring shall be liable as PRINCIPALS.

USJ-R CRIMINAL LAW REVIEW BY: DANIEL MARTIN G. ORAL

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