Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Standard view
Full view
of .
Look up keyword
Like this
0 of .
Results for:
No results containing your search query
P. 1


|Views: 2,036|Likes:
Published by jepoy74

More info:

Published by: jepoy74 on Mar 30, 2011
Copyright:Attribution Non-commercial


Read on Scribd mobile: iPhone, iPad and Android.
download as RTF, PDF, TXT or read online from Scribd
See more
See less





FOR PRIVATE AND PERSONAL USE ONLY________________________________________________________________ 
They following are crimes against chastity1) 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 (Art339);7) Corruption of minors (Art 340);8) White slave trade (Art 341);9) forcible abduction (Art. 342) and10) Consented abduction (Art. 343).
Q. 1951. What is the crime of adultery?
is committed by any married woman who shall e sexual intercourse witha man not her husband and by the ) who has carnal knowledge of her, knowingher to be married, even if the marriage be subsequently declared void.
Q. 1952. What is the imposable penalty for adultery?
Prision correccional 
in its medium and maximum period. And next lower indegree be imposed if adultery is committed person while being abandonedwithout justification by the offended spouse. (Art. 333,RPC),
Q. 1953. Enumerate the elements of adultery:
These elements:1) That the woman is married;2) That she has sexual intercourse with a man not her husband;3) That as regards the man with whom she has sexual intercourse, must knowher to be married
Q. 1954. State the essence and gist of adultery?
The essence of adultery is the violation of the marital v and to avoid thedanger of introducing spurious heirs into family, impairing thereby the rights of other heirs.(US v. Mata, 18 Phil. 49)
:a) Each sexual intercourse constitutes a crime of adultery(People v. ZapataadBondoc, 88 Phil. 688)b) Pardon and consent are good defense in adultery. Act of intercourse subject toadulterous conducts is an implied pardon(People v. Manguera, et al. 13 CA
FOR PRIVATE AND PERSONAL USE ONLY________________________________________________________________ 
Rep. 1079)
Q. 1955. Since offending parties be jointly charged (if both alive) in adultery, isacquittal possible to one of them?
Yes, in these cases:(1) If one of them may be insane.(2) Man does not know the woman to be married.Note: Death of woman during pendency of the case and if one is not apprehendedthe trial may proceed to the conviction of the remaining parties(US v. de la Torreand Gregorio, 26 Phil. 36; US Topico and Guzman, 35 Phil. 901)
Q. 1956. In 1980, Socorro Wagas, a Filipino citizen and resident of Cebu City, andLoven Adeauer, a West German citizen were married at Sto. RosarioCatholic Church, in Cebu City. In 1983, Loven returned to West Germanywhere he initiated a divorce proceeding, against Socorro before a local courtwhich, in due time, promulgated in July 1985 a decree of divorce on theground of failure of marriage. In September 1985, Loven returned to thePhilippines only to find out that Socorro had filed a case of legal separationagainst him. In December 1985, Loven who learned of the cohabitation of Socorro and Efren Reyes, her childhood sweetheart, when he (Loven) was inGermany, filed a sworn complaint for adultery against Socorro and Efrenwith the Office of the City Fiscal of Cebu. Socorro's counsel moved to dismissthe complaint on the ground that under Art. 344, RPC, the crime of adulterycannot be prosecuted except upon sworn complaint field by the offendedspouse and Loven, having obtained a divorce in Gemany, had ceased to beher offended party. Resolve the motion. BAR Q. 1991).
Motion is impressed with merit because in adultery and concubinage, it is theoffended spouse who should file and nobody else and Loven ceased to such, dueto his favorable divorce in Germany (Pilapil v. Somera, 174 SCRA 653).
Q. 1957. Hand W were newly married. While H was away in a foreign land, X courtedWand they subsequently had successive sexual intercourse. Upon his returnand upon learning of the unfaithfulness of his wife, H filed an adultery casewith the fiscal against Wand X. The fiscal investigation showed beyond doubtthat all the while X did not know that W was a married woman. Hence, thefiscal filed an adultery charge against W only. If you were the fiscal, howwould you justify your action? If you were the lawyer for H, what argumentswould you advance so as to compel the fiscal, X as Co-accused. If you werethe judge, what would be your decision? (BAR Q 1982),
If I were the fiscal, I may justify my resolution on the basis of evidence that theman did not know her to be married and that is exculpatory fact. If I were thelawyer I would advance the argument that both has to be charged, otherwise,court has no jurisdiction to hear the same (US v. Asuncion, 21 Phil. 399).
FOR PRIVATE AND PERSONAL USE ONLY________________________________________________________________ 
If I were the judge, I cannot acquire jurisdiction and hear the case, unless bothoffending parties are jointly charged. The guilty or innocence of the paramour canonly be determined during the trial of the case.
Q. 1958. Hand Ware husband and wife living together in an apartment within theuniversity belt. They took in S, a male student and town mate as a boarder.Before long Hand S fell in love with each other until H caught them in bed.If you were the investigating fiscal, to whom H complained, that aggravatingcircumstance or circumstances would you liege in the Information forAdultery against Wand 5? Why? BAR Q.1981).
The aggravating circumstance appropriate for inclusion, abuse of confidence (i.e.,favorable position as boarder in the house, US v. Barbacho,,12 Phil. 616).However, dwelling should be ruled out because both are living in said house andthey have 'le right to stay in said dwelling(US v" Distrito 23 Phil. 23).
Q. 1959. How is adultery distinguished from prostitution?
These distinguishing features:1) Adultery is a crime against chastity: prostitution, against public morals;2) May be committed by single or married woman; adultery, always a marriedwoman.3) Sexual intercourse is the punishable act; in prostitution the act lay either besexual intercourse or lascivious conduct habitually made;4) Woman Involved does It for a consideration (money or profit) , In adultery,for enjoyment
B. ConcubinageQ. 1959. What are the three ways of committing concubinage under Art. 334, RevisedPenal Code?
They are:1) By keeping a mistress in the conjugal dwelling; or 2) By having sexual intercourse. under scandalous circumstances, with a womanwho is not his wife;3) By cohabiting with her in any other place.
Q. 1960. What are the elements of concubinage?
These elements:1) That the man must be married;2) That he committed any of the three acts enumerated by Art. 334, .See Q No.1959 of this page).3) That as regards the woman, she must know him to be married.

Activity (7)

You've already reviewed this. Edit your review.
Juvy Ann Ducut liked this
1 thousand reads
1 hundred reads
Julo Taleon liked this
Julo Taleon liked this
Marietes Espejo liked this
Marietes Espejo liked this

You're Reading a Free Preview

/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->