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I. Q. 1950. Ans.

CHAPTER 17 CRIMES AGAINST CHASTITY ADULTERY AND CONCUBINAGE A. ADULTERY

What are the crimes against chastity? They following are 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) and 10) Consented abduction (Art. 343). What is the crime of adultery? Adultery is committed by any married woman who shall e sexual intercourse with a man not her husband and by the ) who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void. What is the imposable penalty for adultery? Prision correccional in its medium and maximum period. And next lower in degree be imposed if adultery is committed person while being abandoned without justification by the offended spouse. (Art. 333,RPC), 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 know her to be married State the essence and gist of adultery? The essence of adultery is the violation of the marital v and to avoid the danger of introducing spurious heirs into family, impairing thereby the rights of other heirs.(US v. Mata, 18 Phil. 49) Note: a) Each sexual intercourse constitutes a crime of adultery (People v. Zapataad Bondoc, 88 Phil. 688) b) Pardon and consent are good defense in adultery. Act of intercourse subject to adulterous conducts is an implied pardon (People v. Manguera, et al. 13 CA

Q. 1951. Ans.

Q. 1952. Ans.

Q. 1953. Ans.

Q. 1954. Ans.

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Rep. 1079) Q. 1955. Ans. Since offending parties be jointly charged (if both alive) in adultery, is acquittal 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 apprehended the trial may proceed to the conviction of the remaining parties (US v. de la Torre and 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, and Loven Adeauer, a West German citizen were married at Sto. Rosario Catholic Church, in Cebu City. In 1983, Loven returned to West Germany where he initiated a divorce proceeding, against Socorro before a local court which, in due time, promulgated in July 1985 a decree of divorce on the ground of failure of marriage. In September 1985, Loven returned to the Philippines only to find out that Socorro had filed a case of legal separation against him. In December 1985, Loven who learned of the cohabitation of Socorro and Efren Reyes, her childhood sweetheart, when he (Loven) was in Germany, filed a sworn complaint for adultery against Socorro and Efren with the Office of the City Fiscal of Cebu. Socorro's counsel moved to dismiss the complaint on the ground that under Art. 344, RPC, the crime of adultery cannot be prosecuted except upon sworn complaint field by the offended spouse and Loven, having obtained a divorce in Gemany, had ceased to be her offended party. Resolve the motion. BAR Q. 1991). Motion is impressed with merit because in adultery and concubinage, it is the offended spouse who should file and nobody else and Loven ceased to such, due to his favorable divorce in Germany (Pilapil v. Somera, 174 SCRA 653). Hand W were newly married. While H was away in a foreign land, X courted Wand they subsequently had successive sexual intercourse. Upon his return and upon learning of the unfaithfulness of his wife, H filed an adultery case with the fiscal against Wand X. The fiscal investigation showed beyond doubt that all the while X did not know that W was a married woman. Hence, the fiscal filed an adultery charge against W only. If you were the fiscal, how would you justify your action? If you were the lawyer for H, what arguments would you advance so as to compel the fiscal, X as Co-accused. If you were the 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 the man did not know her to be married and that is exculpatory fact. If I were the lawyer 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).

Ans.

Q. 1957.

Ans.

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If I were the judge, I cannot acquire jurisdiction and hear the case, unless both offending parties are jointly charged. The guilty or innocence of the paramour can only be determined during the trial of the case. Q. 1958. Hand Ware husband and wife living together in an apartment within the university 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 aggravating circumstance or circumstances would you liege in the Information for Adultery 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 and they have 'le right to stay in said dwelling(US v" Distrito 23 Phil. 23). 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 married woman. 3) Sexual intercourse is the punishable act; in prostitution the act lay either be sexual intercourse or lascivious conduct habitually made; 4) Woman Involved does It for a consideration (money or profit) , In adultery, for enjoyment B. Concubinage Q. 1959. Ans. What are the three ways of committing concubinage under Art. 334, Revised Penal Code? They are: 1) By keeping a mistress in the conjugal dwelling; or 2) By having sexual intercourse. under scandalous circumstances, with a woman who is not his wife; 3) By cohabiting with her in any other place. 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.

Ans.

Q. 1959. Ans.

Q. 1960. Ans.

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Q. 1961. Ans.

Why adultery is more severely punished than concubinage? While both are crimes of marital vow, the severe penalty of adultery (i.e., each act, separate adultery) may be justified by the danger of introducing spurious child in the family. What is the penalty for concubinage? Prision correccional in its minimum and medium period. Desterierro for the concubine. Note: a) b) Conjugal dwelling- home of the husband and wife even if the wife happens to be temporarily absent on any account. It is only when the mistress (concubine) is kept elsewhere (outside conjugal dwelling) that scandalous circumstances become an element of the crime. (US. V. Macabagbag, et. al 31 Phil. 257)Scandal is any word or deed that offends public conscience redounds to the detriment of the feelings of honest persons and gives occasion to the neighbors spiritual damage or ruin (People v. Santos, et al. 45 O.G. 2116) The scandal produced by the concubinage of a married man occurs not only when: (1) he and his mistress live in the same room of a house. but also when (2) the appear together in public and (3) perform acts in sight of the community which give rise to criticism and general protest among the neighbors.

Q. 1963. Ans.

Q. 1964.

Abe, married to Liza, contracted another marriage with Connie in Singapore. Thereafter Abe and Connie returned to the Philippines and lived as husband and wife in the hometown of Abe in Calamba, Laguna. (a) Can Abe be prosecuted for bigamy? (b) If not, can they be prosecuted for any other crime? (BAR Q. 1994). (a) No due to territorial element of the crime and not one of the excepted cases provided by Art. 2 of the Revised Penal Code. (b) They can be prosecuted for concubinage but such prosecution needs sworn statement of Liza, the offended party being a private crime. (Rule 110, Criminal Procedure of 2000).

Ans .

Q. 1965.

A, husband and B, wife, are legally married. So are X, husband and Y, wife. A and Y had sexual intercourse under scandalous circumstances. X and B otherwise had sexual intercourse under scandalous circumstances. (a) Who are guilty of adultery? And who among them may file the corresponding complaint? (b) Who are guilty of concubinage and who among them may file

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the complaint? (BAR Q. '1982). Ans. (a) Adultery may be charged to Y, the wife of X. A who had sexual intercourse with Y will be guilty of adultery if A knows Y to be married. X the husband of Y being the offended party will be the complainant. B, the wife of A will be guilty of adultery. X with whom 8 had sexual intercourse will be guilty if he know B to be married. A, being the offended party will file the complaint against X and B. (b) A and Y will be liable for concubinage. B, the wife of A file the complaint as she is the offended party. X and B will liable for concubinage. Y, wife of X being the offended party fife the complaint. Those liable in concubinage are the husband

Q. 1966.

A, is the wife of B, but she and X her former friend were having an illicit relation. One afternoon, B, unnoticed by A, followed his wife to a motel and saw her enter a room and close the door. After the lapse of some minutes, B managed to get in and found A and X lying together in bed. h his knife, B plunged at X but the latter parried the thrust I was able to wrest the weapon from B and stabbed the latter to death. Prosecuted for homicide, X invoked the justifying cir1stance of self-defense in killing B. Would you upheld the defense? Explain briefly. (BAR a. 1981).

Ans.

Self-defense is not invokable because one of the essential elements of self-defense is unlawful aggression. This is absent in the problem given above. The act of B is not unlawful aggression but in defense of his honor. Note: Art. 335 (RAPE) has been repealed by Rep. Act. No. 13, otherwise known as the Anti-Rape Law of 1997 which took effect on October 22, 1997. For codal provisions, cases and discussion see pp. 456-466 of reviewer.

Q, 1967. Ans.

What are the elements of act of lasciviousness under Art. 336? The elements are: (1) That the offender commits any act of lasciviousness or 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 or b) W/hen the offended party is deprived of reason or otherwise unconscious: c) By mans of fraudulent machination or grave abuse of authority, or d) When the offended party is under 12 years of age or is demented. Note: (a) Embracing, kissing and holding girl's breast is act of lasciviousness.

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(People v. Collado, 60 Phil. 610) Kissing and embracing a woman against her will are acts of lasciviousness when prompted by lust or lewd designs. (People v. Mendoza, CA GR No. 14882-R, March 19, 1945) (b) Placing a man's private parts over a girls genetical organ is an act of lasciviousness (US v. Tan Tent, 23 Phil. 145) No attempted or frustrated crime of acts of lasciviousness (People v. Falmularcano, CA 46 O.G. 1721) Q. 1968. Ans. Q. 1969. Ans. What is the imposable penalty for act of lasciviousness under Art. 336? Prision correccional. Distinguish: (a) Act of lasciviousness from attempted rape; (b) Acts of lasciviousness from unjust vexation. (a) These distinguishing features: 1) If the acts performed by the offender clearly indicate that his purpose was to lie with the offended woman, it is attempted rape; 2) In the case of attempted rape the lasciviousness acts are the preparatory acts to the commission of rape while in acts of lasciviousness they are themselves the final objective sought by the offender. (b) When the accused merely kissed and embraced the complainant, either out of passion or other motive, touching the girls breast as a mere incident of the embrace, it is unjust vexation; so do where the accused touched three times the private parts of the offended party over her panties, without force or intimidation, is unjust vexation, to satisfy silly whim. (People v. Bernaldo, CA-GR No. 2610-R, Oct. 31, 1959) But it is act of lasciviousness when he kissed and embraced the complainant fondling her breast with particular design to independently derive vicarious pleasure therefrom showing lewd designs. (People v. Panopio, CA 48 O.G, 145) Distinguish abuses against chastity from offenses against chastity? These distinguishing features: Abuses against chastity (at. 246, RPC) is committed by public officer and that a mere immoral or indecent proposal made earnestly and persistently is sufficient; whereas in crimes against chastity (Art. 336), the offender is, in the majority of cases, a private individual, and it is necessary that some actual acts of lasciviousness should have been executed by the offender. (Reyes, supra, pp. 856-866) Mick, a gay foreigner, fondled and played with the private parts of Egay, an 11 year-old boy, who enjoyed it and gladly received the P100.00 given to him by the foreigner. (a) What crime, if any, was committed by the foreigner? Explain. (b) the act was committed on City, an 11-year old gift, would

Q. 1970. Ans.

Q. 1971.

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answer be the same? Discuss. (BAR Q. 1993). Ans. (a) The crime is acts of lasciviousness under the circumstances of rape. (b) Same answer because acts of lasciviousness committed respective of sex (Art. 336, RPC). A, a suitor of girl, B, saw the latter at about night while walking along a dark and deserted alley near house. A, sneaked up to her, grabbed her breasts from behind, kissed her, and at the same time raised her dress. At moment a noise was heard frightening A who immediately run away. If you were the fiscal, for what crime would you prosecuted A? Would you allege treachery, nighttime, superior strength uninhabited place as aggravating circumstances? Reason (BAR Q. 1982). Ans. The crime is act of lasciviousness as ruled in People v. Yabut, CA GR No. 2550R Aug.5, 1960- stealthily kissing, embracing fondling the breast of complainant and raising her dress constitute lewd or lascivious acts. None of the circumstances may aggravate because they were not purposely sought for by A.

Q. 1972.

I.

OTHER CRIMES AGAINST CHASTITY A. Seduction, Corruption of Minors and White Slave Trade

Q. 1973. Ans.

What is meant by seduction? Classify it. Seduction means enticing a woman to unlawful sexual intercourse by promise of marriage or other means of persuasion lout use of force. (Webster’s New International Dictionary) There are two classes: qualified seduction (Art. 337) and simple seduction (Art. 338). What are the two classes of qualified seduction? They are: 1) Seduction of a virgin over 12 years and under 18 years of age by certain persons, such as a person in authority, priest, teacher, etc. and 2) Seduction of a sister by her brother or descendant by her ascendant regardless of her age or reputation. What are the elements of qualified seduction of a virgin? They are: 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

Q. 1974. Ans.

Q. 1975. Ans.

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offender. Q. 1976. Ans. Who could be the offender in qualified seduction? They are: 1) Those who abused their authority like - person in public authority, guardian, teacher, person who in any capacity is entrusted with the education or custody of the woman seduced. 2) Those who abused confidence reposed in them- priest, house servant and domestic (i.e. person usually living under the same roof, pertaining to the same house). 3) Those who abused their relationship- brother who seduced his sister; ascendant who seduced his descendant. Q.1977. Ans. What makes the crime of qualified seduction? The acts would not be punished were it not for the character of the person committing the same, on account of the excess of power or abuse of confidence of which the offender availed himself. (US v. Arlene, 9 Phil. 595) What is the penalty of qualified seduction? Prision correccional in its minimum and medium periods. If a sister or descendant is seduced the penalty is next higher in degree (Art.337). What are the elements of simple seduction? The elements are: 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 (i.e., takes the form of unfulfilled promise of marriage). Note: a) Promise of marriage after sexual intercourse does not constitute deceit. (US v. Sarmiento, 27 Phil. 121) b) The purpose of the statute making seduction a crime is not to punish illicit intercourse, but to punish the seducer who by means of a promise of marriage, destroys the chastity of an unmarried female of previous chaste character, and who thus draws her aside from the path of virtue and rectitude and then fall so and uses to fulfill his promise, a character despicable In the eyes of every descent, honorable man. (People v. Iman, 62 Phil. 92) Q. 1980. Ans. Q. 1980. What is the imposable penalty of simple seduction? Arresto mayor What are the elements of acts of lasciviousness with consent of the offended

Q. 1978. Ans. Q. 1979. Ans.

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Ans.

party? The elements are: 1) That the offender commits acts of las9ivlousness or lewdness. 2) That the acts are committed upon a woman who is a virgin or single widow of good reputation, under 18 years of age but over 12 years age, or a sister or descendant regardless of her reputation or age, 3) That the offender accomplished the acts by abuse of authority confidence, relationship or deceit

Q. 1981. Ans. Q. 1982. Ans.

What is the penalty of consented acts of lasciviousness under Art. 339? Arresto mayor. What is the penalty of corruption of minors? Any person who shall promote or facilitate the protection or corruption of persons under age to satisfy the lust of another, shall be punished by prision mayor. When committed by public officer or employee of government to include government-owned or controlled corporations, le penalty of temporary absolute disqualification is added. (See Art. 340, as amended by PB Blg. 92, approved December 24, 1980) When the victim is under 12 years old, the penalty shall be one degree higher (Sec. 10, Rep. Act No. 7610) Note: On child prostitution under Rep. Act No, 7610, see pp. of this text,

Q. 1983. Ans.

What are the acts penalized as white slave trade? They are: 1) Engaging in the business of prostitution: 2) Profiting from prostitution; 3) Enlisting the services of women for the purpose of prostitution. What is the penalty of white slave trade? Prision correccional in its medium and maximum periods. (Sec. 341 as amended by BP blg. 186, March 16, 1982) If the victim is under 12 years of age, the penalty is one degree higher. (See. 10, RA No. 7610). A is a girl of 11 years, single and fourth year high school student whose teacher is B. Teaching in the same school is C. One afternoon, after class, A and C had sexual intercourse in the storeroom of the school. A became pregnant. Prosecuted for qualified seduction, C interposed the following defenses: C is not the teacher of CI; A is not a virgin; and the sexual relation was- with the consent of A. Are the defenses of C meritorious? Reasons (BAR Q. 1981).

Q. 1984. Ans.

Q. 1985.

Ans.

None of the defenses are meritorious. A faculty of the same school is sufficient [Santos v. People, Supt. 6, [b]. In lieu of consent is abuse of authority or

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confidence. B. Abduction Q. 1986. Ans. What is abduction? Classify it. By abduction is meant the taking away of a woman from her house or the place where she may be for the purpose of carrying her to another place with intent to marry or to corrupt her. (Viada cited in People v. Crisostomo, 46 Phil. 780) Abduction is classified as: forcible abduction (Art. 342, RPC); and consented abduction (Art. 343, RPC). What are the elements of abduction? The elements are: 1) That the person abducted is any woman, regardless of hr age, civil status or reputation; 2) That the abduction is against her will 3) That the abduction is with lewd designs What crime against chastity where age and reputation of the victim are immaterial? These crimes: rape, acts of lasciviousness against the will or with consentqualified seduction of sister or descendant; and forcible abduction. What is the nature of the crime of forcible abduction? In the crime of forcible abduction, the act of the offender is violate of individual liberty of the abducted, her honor and reputation and of public order (US v. De Vivar, 29 Phil. 458) NOTE: a) Lewd designs distinguish forcible abduction from grave coercion. b) Conviction of acts of lasciviousness, not a bar to conviction of forcible abduction (People v. Franco CA 53 O.G 410) Q. 1990. Ans. Q. 1991. Ans. What is the imposable penalty of forcible abduction? Reclusion temporal. What are the elements of consented abduction? The elements are: 1) That the offended party must be a virgin; 2) That she must be over 12 and 18 years of age; 3) That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender.

Q. 1987. Ans.

Q. 1988. Ans. Q. 1989. Ans.

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4) That the taking away of the offended party must be with lewd signs. Note: a) Where the defendant, by means of honeyed promises of marriage, induces a minor to leave her house and deflowers her. and immediately after which e returns to her dwelling, he IS guilty of the offense of consented abduction (People v. Cabrera, CA GR No. 229, Set. 18, 237;37 O.G. 2029) b) The purpose of the law to punish the wrong done to the girl because she consents thereto, but to prescribe punishment for the disgrace to her family and the alarm caused therein by the disappearance of the one who is, by her age sex, susceptible to cajolery and deceit. (US v. Reyes, 20 Phil. 510) Q. 1992. Ans. What are the basic rules in the prosecution of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness? The rules: 1) Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse; 2) Seduction, abduction, rape or acts of lasciviousness must be presented upon complaint signed by offended party, her parents, grandparents or guardians in the order in which they are named above; 3) Pursuant to Rep. Act No. 8353, Anti-Rape Law of 1997, rape is )w a crime against persons which may be prosecuted de oficio. 4) Rape complexed with another crime need not be signed by the fended woman (People v. Yu, 110 Phil. 793). Q. 1993. Ans. Q. 1994. Ans. What is the effect of marriage between offender and offended in crimes of seduction, abduction, rape or acts of lasciviousness? Their marriages extinguish criminal liability. This Extinguishment is extended to co-principals, accomplices and accessories after the fact. (Art.344, RPC). What is the effect of pardon against chastity? Pardon of the offender by the offended party is a bar to prosecution for adultery and concubinage. Pardon in seduction, abduction, rape or acts of lasciviousness may bar prosecution. (a) What are the civil liability of persons guilty of rape, seduction or abduction? (a) Adulterer and concubine? (a) The civil liability: 1) to indemnify the offended party; 2) to acknowledge the offspring, unless the law should prevent him from doing so (i,e., multiple rape); and 3) to support the offspring.

Q. 1995. Ans.

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(b) The adulterer and the concubine can be sentenced only to indemnify for damages caused to the offended spouse. Q. 1996. Ans. In what cases accomplices are punished as principals in rape, seduction, acts of lasciviousness, corruption of minors, abduction, and white slave trade? Ascendants, guardians, curators, teachers and any other person, who cooperate as accomplice with abuse of authority or confidential relationship shall be punished as principals (Art.346).

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