Professional Documents
Culture Documents
t that the
prosecution thereof be upon a sworn written complaint of the offended party or certain persons authorized by law.
1. Adultery 333
2. Concubinage 334
3. Acts of Lasciviousness w/ or w/o consent (336, 339)
4. Seduction whether qualified or simple (337,338)
5. Abduction w/c may be forcible or consented (342, 343)
Corruption of Minors 340 and White Slave trade 341 can be prosecuted de oficio.
333 ADULTERY
334 CONCUBINAGE
1. By KEEPING a MISTRESS in the CONJUGAL DWELLING;
2. By having SEXUAL INTERCOURSE under SCANDALOUS CIRCUMSTANCES w/ a
woman not his wife; or
3. By COHABITING w/ her in any other place.
It is necessary that the woman is TAKEN by the accused into the conjugal
dwelling AS A CONCUBINE.
Conjugal Dwelling the home of the husband & wife even if the wife happens
to be temporarily absent on any account, even if the wife did not have the
chance to live in it, as long as the house was constructed from the proceeds
of the conjugal funds.
Scandal any reprehensible word/deed that offends public conscience,
redounds to the detriment of the feelings of honest persons & gives occasion
to the neighbors spiritual damage or ruin (does not have to be in the
conjugal dwelling)
- must be proved by testimony of the people from the vicinity (not
the wifes and not by spies)
performing acts in sight of the community w/c give rise to criticism and
general protest among the neighbors.
By cohabiting proof of scandalous circumstances is NOT necessary.
Cohabit to dwell together, in the manner of husband & wife, for some period
of time as distinguished from occasional, transient interviews for sexual
intercourse.
THUS, there is NO concubinage if a married man is surprised in the act
of sexual intercourse w/ a woman not his wife in a hotel.
A person who keeps a mistress in an APARTMENT furnished by him is
NOT GUILTY of concubinage if he does not live or sleep w/ her in said
apartment.
CONSENT to future adultery bars the husband from prosecuting the wife
for adultery.
AGREEMENT to SEPARATE = Consent
There is NO accomplice in adultery.
Only a WOMAN may be the offended party in this crime (unlike in 336)
Acts of Lasciviousness
Grave Coercion
the
In offense
order that 339 is violated, it is necessary that the crime is committed
Compulsion may be included in the
Compulsion is the very act constituting
under
circumstances w/c would make it Qualified or Simple
constructive element of force in committing
of grave coercion
Seduction had there been sexual intercourse, instead of acts of
336
lewdness only.
MOTIVE of lascivious acts is NOT important because the essence of
The CONSENT here must be obtained either by abuse of authority,
lewdness is the very act itself.
confidence, relationship or by means of deceit.
The presence or absence of lewd designs is inferred from the nature of the
336
339
acts themselves and the environmental circumstances.
Both
treat
acts
of
lasciviousness
Attempted Rape
Acts of Lasciviousness
Unjust Vexation
When performed in the absence of the abovementioned circumstances.
Such promise must be the reason why the woman yielded. Even
if the man is willing to marry the girl, but when he knows that
the girl cannot legally consent to the M, and yet makes such
promise.
If a woman 12 18 agrees to a sexual intercourse w/ a man
who promised to give her precious jewelry and the man never
fulfills it,NO Seduction, because the woman proves to be of
loose morals when she agreed to have sex in exchange of
jewelry.
Promise made by a married man is NOT a deceit if the woman
KNEW that the man is married.
There is no continuing offense of seduction because virginity
can only be lost once.
2.
3.