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CRIMES AGAINST CHASTITY

ADULTERY (Art. 333) Par. 1- committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void. Par. 3- If the person guilty committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed. It takes TWO to commit adultery: To convict a woman for adultery; with the ff. elements: a. That she is a married woman, b. That she unites in sexual intercourse with a man not her husband. 2. To convict a man for adultery; with the ff. elements: a. That he had actual intercourse with a married woman, b. That he commits the act with the knowledge that said woman is married. The man need not to be married but the woman, of course, must be in wedlock with another man. Best proof is the marriage contract. In the absence thereof, the presumption of the law that a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage may be availed of = through husbands declaration or by a witness to the marriage. The marriage may be voidable but not that of a void marriage because in the former, there is Adultery because until the marriage is declared to be null and void by competent authority in a final judgment, the offense to the vows taken and the attack on the family, exist. Consummated by a single sexual intercourse; It must always be committed by two persons. Direct evidence need not to be proved; CIRCUMSTANTIAL EVIDENCE, like seeing the married woman and her paramour, in scanty dress, sleeping together, alone in a house, etc. WOULD SUFFICE. The crime is not a continuing offense. It is completed and consummated at the moment of carnal knowledge. The acquittal of an accused does not necessarily mean that the co-accused should likewise be acquitted. However, the mitigating circumstance in the last paragraph will be appreciated for BOTH offenders. 1.

Examples: 1. A and B is coming out from a motel and B, the man was the one driving the car. Are they guilty of adultery? Supposed there was no sexual intercourse, will you proceed with filing charges for adultery? Yes as sexual assault need not be proved by direct evidence but by circumstantial evidence. It cannot be proceeded against the man only. 2. A and B had an affair while the latter didnt know that the former is the wife of C, his friend. He must still be included even if he didnt know that the woman is already married. The fact that she didnt know that she was married is a matter of defense. 3. What if the man is already dead, can he still be included? He should not be included, proceed against the wife only. 4. When the complaining husband entered into an agreement with his wife that each of them was to live separately and could marry other persons; but about a year after discovering his wifes infidelity, he filed a complaint, he is not authorized by law to institute the criminal proceedings as he had consented to, and acquiesced in, the adulterous relations of his wife; this does not speak about pari delicto. CONCUBINAGE (Art. 334) Par. 1- Any husband who shall keep a mistress in the conjugal dwelling, or, shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods. Par. 2- The concubine shall suffer the penalty of destierro. Any of the following acts shall constitute Concubinage: a. By keeping a mistress in the conjugal dwelling; -must be brought in as a mistress b. By having sexual intercourse under scandalous circumstances with a woman not his wife; -the rage of the community is aroused; he is mocking the spiritual sensibility of the community c. By cohabiting with her in any other place. By keeping a mistress in the conjugal dwelling: There is no need of proof of sexual intercourse. Conjugal dwelling is the house of the spouses even if the wife happens to be temporarily absent therefrom; as long as youre living there with your children.

The woman however must be brought into the conjugal house by the accused as a concubine to fall under this article. Examples: 1. If the co-accused was voluntarily taken and sheltered by the spouses in their house, and treated as an adopted child being a relative of the complaining wife, her illicit relations with the accused husband does not make her a mistress. (People vs. Hilao, et a., CA 53 O.G. 94) 2. A and B are married. B, the husband brought in a mistress, A didnt do anything. For the second time, B again brought a mistress, A didnt do anything. For the third time B brought a mistress, A objected to it. Can A now file for charges of concubinage against B? NO. the acts of A showed that he consented to her husbands playing around and once you do such, it applies to all. Thus, this defense available to the husband and his mistresses if proven, will make the case not to prosper. 3. There has been an agreement between the married parties that they can each have their new partners. Although the said agreement is null and void in civil law, it has an effect in criminal law. Thus, the husband/wife cannot later on file for charges of concubinage/adultery as the case may be as their agreement constitute consent to such acts. 4. Pari delicto is applicable in civil cases only. In adultery and concubinage, the proper defense would be consent or pardon. 5. A Muslim who marries another woman without the consent of his first wife is liable for Concubinage. 6. A and B are married. B had an illicit relation with C. When A filed for complaint against them both of them were still alive but upon the courts judgment, C is already dead. The decision is executory only against the living party. By cohabiting with her in any other place: Proof of actual sexual intercourse may not be necessary too. But the tem cohabit means intercourse together as husband and wife or living together as husband and wife. The cohabitation must be for some period of time which may be a week, a year or longer as distinguished from occasional or transient meetings for unlawful sexual intercourse. Example: 1. Where the wife surprised her husband in a room in the Philippine General Hospital lying on one bed with another woman, her husband wearing pants while the co-accused wore an ordinary dress, cohabitation was not established since the man had his quarters in the hospital while his co-accused lived in a nearby house in the same street. Same ruling even if the prosecution was able to prove that the accused was married and that he was the father of the child born of his co-

accused. The rule is that, if a married mans conduct with a woman who is not his wife was not confined to occasional or transient interview for carnal intercourse but is carried on in the manner the husband and wife for some period of time, then such association is sufficient to constitute cohabitation. Sexual Intercourse under scandalous circumstances: It must be imprudent and wanton as to offend modesty and sense of morality and decency. The unlawful union of a married man with a woman not his wife, when the live within a town and in the same house as lawful husband and wife, go together through the streets of the town, frequent places where large crowds gather and commit acts in plain sight of the community without caution and with effrontery, is a procedure that gives rise to criticism and general protest among the neighbours. By its bad example, it offends the conscience and feeling of every person. Example: Where the accused and his mistress lived in the same room of a house, comported themselves as husband and wife publicly and privately, giving the impression to everybody that they were married, and performed acts in sight of the community which gave rise to criticism and general protest among the neighbours, they committed concubinage. The crimes of Adultery and Concubinage shall not be prosecuted except upon complaint filed by the offended spouse who must include both the parties if they are both alive. Consent and pardon of the offended spouse shall bad the prosecution of the offense, provided that it be done before the institution or filing of the criminal complaint. Pardon may be given expressly or impliedly. RAPE (Art. 266-A to 266-D) Pardon must be express RA 8353 in case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or penalty giving the logical implication that in such a case, the pardon need not be express nor granted prior to the institution of the criminal action Lust is no respect of time and place, it can be committed even in the unlikeliest of places. Repealed Art. 335 of the RPC and re-labelled Rape from Crimes against Chastity to Crimes against Persons; Amended by R.A. 8353 or the Anti -Rape Law of 1997; can prosecute the offender even without complaint filed by the offended party

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By a man who shall have carnal knowledge of a woman under any of the following circumstances: a. Through force, threat, or intimidation; -what amount of force is necessary? It depends on the circumstances surrounding the case -it is not necessary that the force or intimidation employed be so great or of such character as could not be resisted it is only necessary that it be sufficient to consummate the purpose which the accused had in mind. -physical resistance need not be established in rape when threats and intimidation are employed and the victim submits herself to the embrace of her rapists because of fear. Examples: o A mayor and a German lady who is taller than the former. The SC ruled that there is no rape, there is romance. o If the offender was the father of the victim, said force, threat or intimidation is substituted by parental authority. o In marriage, before there is consortium but now it is chargeable o What if it is the wife? Not guilty of rape. GRAVE COERCION, by compelling a person to do an act which though it is not prohibited by law is against his will. b. When the offended party is deprived of reason or otherwise unconscious; -when the woman is sleeping, etc. -the deprivation of reason contemplated by law need not be complete; mental abnormality or deficiency is sufficient. -when a female is mentally incapable of validly giving consent to or opposing the carnal act Examples: o Fisherman example o Kill and tell example c. By means of fraudulent machination or grave abuse of authority; and -this is a new provision Examples: o Rabbi example o Police o If a woman of majority age had sexual intercourse with a man through the latters scheme of pretending to marry her which is the condition upon which the woman

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agreed to have sex with her, manipulating a sham marriage. o A prostitute who willingly had sexual congress with a man upon the latters assurance that she would be paid handsomely, may be guilty of rape if later on he refuses to pay the said amount. o A person in authority who maneuvered a scheme where a woman landed in jail, and who upon promise of being released after having sex with the officer, willingly consented to the sexual act, may also be found guilty of Rape under this new section. d. When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. -also known as Statutory Rape; even if the girl was the one who force the man to have sex with her. -force intimidation or physical evidence of injury is immaterial; carnal knowledge of her alone consummates the crime The victim is exactly 12 years old or more, and there is consent, there is NO RAPE. However, RA 7610 provides that since children exploited in prostitution and other sexual abuse has been defined as persons below 18 years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition, it would seem that the act is within the prohibition of this law otherwise known as Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act even if the victim is over 12 years old and the carnal act was with her consent as long as she falls under the classification of a child exploited in prostitution and other sexual abuse By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. -not only a male person can be the offended in this crime; also involves other parts of the body. Penalty: -simple rape is punishable by reclusion perpetua -The penalty shall be death under any of the following circumstances: a. When by reason or on occasion of the rape, homicide is committed b. When the victim is under 18 yrs old and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or

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affinity within the 3 civil degree, or the common law spouse of the parent of the victim When the victim is under the custody of the police or military authorities or any law enforcement or penal institutions When committed in full view of the spouse, parent, any children or other relatives within the third degree of consanguinity When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender When the victim is a child below 7 years old When the offender knows that he is afflicted with Human Immuno-Deficiency Virus (HIV)/ Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim When committed by any member of the AFP or paramilitary units thereof or the PNP or any law enforcement agency or penal institution, the offender taking advantage of his position to facilitate the commission of the crime When by reason or on the occasion of the rape, the victim suffered permanent physical mutilation or disability When the offender knew of the pregnancy of the offended party, or of her mental disability, emotional disorder and/or physical handicap at the time of the commission of the crime.

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When the accused not only kissed and embraced the complainant but also fondled her breast with the particular design to independently derive vicarious pleasure therefrom, the element of lewd design exsits. To be guilty of this crime, however, the acts of lasciviousness must be committed under any of the circumstances that had there been sexual intercourse, the crime would have been rape. 2. Where the circumstances indicate a clear intention to lie with the offended party, the crime committed is Attempted Rape. When the accused lifted the dress of the offended party, and placed himself on top of her but the woman awoke and screamed for help and despite that, the accused persisted in his purpose, tearing the drawers, kissing and fondling her breasts, the crime is not only Acts of Lasciviousness but that of ATTEMPTED RAPE. 3. If lewd design can not be proven as where the accused merely kissed and embraced the complainant either out of passion or other motive, touching her breast as a mere incident, the act would be categorized as Unjust Vexation. This crime can be committed by either sex unlike in Acts of Lasciviousness with Consent (Art. 339). Example: A lesbian who toyed with the private part of an eleven-year-old girl who enjoyed it since she was given Php 50 before the act, is guilty of Acts of Lasciviousness under this Article as the victim is below twelve years old (had the sexual been possible and done, act would have been rape. A gay who toyed with the penis of a demented (mad, insane) boy or one who is below twelve years old is guilty of Acts of Lasciviousness even if both of them are males. QUALIFIED SEDUCTION (Art. 337) Par. 1- The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced Par. 2- any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age. Par. 3- seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein. Elements: 1. The offended party is a virgin; 2. The offender has carnal knowledge of her with her consent; 3. The offended party is over twelve but under eighteen years of age; and

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Principles in rape cases: 1. An accusation of rape can be made with facility; it is difficult to prove, but more difficult for the person accused, though innocent, to disprove 2. In view of the intrinsic nature of the crime where only 2 persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution 3. The evidence for the prosecution must stand or fall on its own merits, and cannot be allowed to draw strength from the weakness of the evidence for the defense. ACTS OF LASCIVIOUSNESS (Art. 336) Any person who shall commit any acts of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by Prision Correccional. The feeling of lasciviousness is an emotional process that differs intensity among different persons in different situations, discernible only by overt acts so that no flexible rule can be laid down as accurate measure. Example:

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The offender is a person in public authority, a priest, house-servant, domestic, guardian, teacher or any person who, in any capacity is entrusted with the education or custody of the lady seduced.

Three (3) classes of offenders in Qualified Seduction: 1. Those who abused their authority (like a person in public authority, guardian, teacher or any person who, in any capacity is entrusted with the education or custody of the lady seduced); **In case of a teacher, he need not to be the teacher of the offended party. It is sufficient that they are teacher and student in the same school. 2. Those who abused confidence reposed in them (like the priest, houseservant or domestic); and 3. Those abused their relationship (like the brother seducing his sister, or an ascendant who seduced his descendant). Qualified seduction is committed when the offender has carnal knowledge of any of the persons mentioned and under the circumstances described therein. In this crime, sexual intercourse with the woman is with the latters consent. Virginity referred to here, is not to be understood in so material sense as to exclude the idea of abduction of a virtuous woman of good reputation. o When the accused claims that he had prior intercourse with the complainant, the latter is still to be considered as virgin. (But if it was established that the girl had carnal relations with other men, there can be no crime of seduction as she is not a virgin.) Domestic is one who lives in the same household with the offended woman; if the offended party merely slept for a day or two in the house, she is not a domestic but a mere transient. o Where the complainant who is sixteen years old, lives in the same house where the accused, her uncle, also lives, the latter is guilty of Qualified Seduction when he had sexual intercourse with her consent. Where the lady seduced is a sister or a descendant, she need not be a virgin and she may be above eighteen (18) years old. SIMPLE SEDUCTION (Art. 338) The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of deceit The sexual intercourse with a woman who is single or a widow of good reputation over twelve but under eighteen years committed with her consent which was obtained through deceit is Simple Seduction. -there is no such thing as widow of good reputation below 18 They lady need not to be virgin.

Deceit usually takes form of promise to marry (if promise to marry was made after sexual intercourse, no crime of simple seduction; if promise was made by a married man and woman knowing such fact, no crime of simple seduction was committed) o If a man procured a fictitious marriage ceremony to yield his girlfriend for sexual intercourse, he is guilty of simple seduction since deceit was employed. (This could now be punished as Rape under the Anti-Rape Act of 1997) The purpose of the law in punishing the crime of Simple Seduction is to penalize the seducer who by means of a promise to destroys the chastity of an unmarried female of previous chaste character ACTS OF LASCIVIOUSNESS WITH CONSENT (Art. 339) shall be imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338. The act of the offender were limited to acts of lewdness or lasciviousness, and no carnal knowledge was had, but had there been sexual intercourse, the offense would have been seduction, he is guilty of acts of lasciviousness under this article. AOL w/o consent (336) Committed without consent and the offended party could be over the age of eighteen years old Even a male person can be a victim AOL w/ consent (339) Committed with consent of the offended party and the offended party is over twelve years old but below eighteen years old Only a woman can be offended

CORRUPTION OF MINORS (Art. 340) Any person who shall promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a pubic officer or employee, including those in governmentowned or controlled corporations, he shall also suffer the penalty of temporary absolute disqualification. (As amended by Batas Pambansa Blg. 92) No longer requires habituality or abuse of authority or confidence unlike in the old provision. A single act of promoting or facilitating the corruption or prostitution of a minor is sufficient to constitute violation of this article.

Minors include both male and females and must be below eighteen (18) years old This is usually the act of a pimp who offers to pleasure seekers, women for satisfaction of their lustful desires. A mere proposal would consummate the crime. But it must be to satisfy the lust of another, not his. WHITE SLAVERY (Art. 341) 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 any other for the purpose of prostitution. (As amended by Batas Pambansa Blg. 186) Committed by any person who, in any manner, or under any pretext, engages in the business or shall profit by prostitution or enlists the services of women for the purpose of prostitution. It consists of any of the three acts: o Engaging in the business of prostitution o Profiting by prostitution o Enlisting the services of women for the purpose of prostitution (whether the offender profits or not, is punishable) ***virginity is material in qualified seduction and consented abduction. FORCIBLE ABDUCTION (Art. 342) Par. 1- The abduction of any woman against her will and with lewd designs shall be punished by reclusion temporal Par. 2- The same penalty shall be imposed in every case, if the female abducted be under twelve years of age. Elements of Forcible Abduction: 1. The woman, regardless of age or civil status, is abducted; 2. The abduction is against her will; and 3. The abduction is with lewd designs. 4. No sexual intercourse unlike in Rape and Seduction If below 12 years of age, there need not be any force or intimidation to constitute forcible abduction; it may even be with her consent, and the reason for this is that she has no will of her own, and therefore is incapable of giving real meaning of consent. Lewd designs may be shown by the way the accused or one of them conducted himself as when he kissed and embraced the woman or touched her private parts while on the way.

Forcible Abduction with Rape when the accused had carnal knowledge during or after the Abduction (since in the crime of abduction there is no sexual intercourse and the acts are limited to lascivious acts) Example: 1. If a man abducts a woman to marry the latter if there is a genuine intention to marry, there is no lewd design and there may be no Forcible Abduction. But the crime committed is Kidnapping with Serious Illegal Detention (Art. 267) with a higher penalty (committed when lewd design was not proved or shown, and the victim was deprived of her liberty). In case of subsequent two (2) other sexual intercourses committed against the will of the complainant would be treated as independent separate crimes of rape. CONSENTED ABDUCTION (Art. 343) The abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs, shall be punished by the penalty of prision correccional in its minimum and medium periods. Not necessary that the young victim be personally taken from her parents home by the accused; it is sufficient that he was instrumental in her leaving the house. Must always be accompanied with solicitation, cajolery or deceit, or honeyed promises of marriage to induce the girl to escape from her home. Taking of the offended party need not have to the character of permanency. No matter how short is the taking, the crime exists. The purpose of the law is not to punish the wrong done to her, because she consented thereto but to prescribe punishment for the disgrace of her family and the alarm caused to the parents by the disgrace of a beloved one who by her age and sex, is susceptible to deceit, cajolery and even perdition. (therefore the virginity mentioned in this article should not be understood in its material sense and does not exclude the idea of abduction of a virtuous woman of good reputation Example: 1. A and B has an affair. B abducted A who was only 17 years old, it was made with her consent. In this case, it is usually the mother who is the one complaining and practically, there is no defense as it is a continuing crime.