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Criminal Law II Title 11- Crimes Against

Chastity

Elemento of Adultery
1.) Woman is married
2.) She has sexual intercourse w/ a man not her husband
3.) As regards the man w/ whom she has sexual intercourse, he
must know her to be married

What are the crimes against chastity?


1.) Adultery (Art333)

one act of sexual intercourse is already punished #uhuh

2.) Concubinage (Art334)


3.) Acts of lasciviousness (Art336)

Woman MUST be married

4.) Qualified seduction (Art337)

-The legitimacy of the marriage relation between the offended


husband and the defendant wife is one of the circumstances w/c must
necessarily attend the crime of adultery

5.) Simple Seduction (Art338)


6.) Acts of lasciviousness w/ the consent of the offended party
(Art339)
7.) Corruption of minors (Art340)

-declaration of the husband is competent evidence to show the fact


of marriage

8.) White slave trade (Art341)

Offended party must be legally married to the offender

9.) Forcible Abduction (Art342)

-the person who initiates the adultery case must be an offended


spouse, and by this is meant that he is still married to the accused
spouse, at the time of the filing of the complaint

10.) Consented Abduction (Art 343)


NOTE: number 7&8 are public crimes

Chapter 1- Adultery and Concubinage

there is adultery, EVEN if the marriage of the guilty woman w/ the


offended husband is subsequently declared void #uhuh

Art 333- Who are liable for adultery?

Carnal knowledge may be proved by CIRCUMSTANTIAL evidence

Penalty
Prision Correccional MED & MAX
One degree lower

-The legal tent, therefore, has been and still is that circumstantial
and corroborative evidence such as will lead the guarded discretion of
a reasonable and just man to the conclusion that the criminal act of
adultery has been committed, will suffice to bring about a conviction
for that crime.

Adultery
Adultery committed while being
abandoned w/o justification by
the offended spouse

Each sexual intercourse constitutes a crime of adultery

Sheer necessity-MITIGATING

The first complaint for adultery covered the period from 1946-March
14, 1947. The defendant wife pleaded guilty and was sentenced. The
second complaint for adultery, filed subsequently, covered the period
from March 15, 1947-Sept. 17, 1948. A motion to quash the second
complaint was filed on the ground that they would be twice put in
jeopardy of punishment for the same offense.

-Although the woman was not abandoned by her husband in a way


that would constitute the mitigating circumstance, for he left her in
response to a duty, yet she was left helpless and in such a great need
that she found herself in the predicament of committing adultery for
the sake of her three children. Moreover, she then believed in good
faith that her husband had died in the sea.

Held: The crime of adultery is an INSTANTANEOUS crime w/c is


consummated and completed at the moment of the carnal union. Each
sexual intercourse constitutes a crime of adultery.

-it was held that her responsibility arising from her act of giving
herself up to the man who had lent her a helping hand during such
time of want and need should be considered mitigating two-fold by
sheer necessity (People vs Alberto et. al. CA 47 OG 2438)

Even if the husband should pardon his adulterous wife, such pardon
would not exempt the wife and her paramour from criminal liability
for adulterous acts committed after the pardon had been granted,
because the pardon refers to previous and NOT to subsequent
adulterous acts

The man, to be guilty of adultery, MUST have knowledge of the


married status of the woman
-the man may be single or married
-Although in the beginning, the man did not know of the womans
married status, but he continued his illicit relations w/ her after he
gained knowledge of such status, he will be guilty of adultery as
regards the sexual intercourse done after having such knowledge (US
vs Topino et. Al. 35 Phil 901)

Adultery, therefore, is NOT a continuing offense #uhuh

Essence of adultery is the violation of the marital vow


the gist of the crime of adultery is the danger of introducing spurious
heirs into the family, where the rights of the real heirs may be
impaired and a man may be charged w/ the maintenance of a family
not his own (US vs Mata 18 Phil 490)

a married man might not be guilty of adultery, on the ground that he


did not know that the woman was married, BUT if the appeared to be
guilty of any of the acts defined in Art 334, he would be liable for
concubinage

Abandonment w/o justification is NOT EXEMPTING, but only


mitigating circumstance

If she knew that the man was married, she would be liable of
concubinage ALSO

-Abandonment could not serve her as an excuse or free her from the
criminal responsibility she incurred by the breach of fidelity she owed
her husband, for she had means w/in the law to compel him to fulfil
the duties imposed upon him by marriage (US vs Serrano et al 28 Phil
230)

Effect of the acquittal of one of the defendants


2

-it does NOT operate as a cause for acquittal of the other

he may be considered as having consented to the infidelity of his wife,


w/c bars him from instituting criminal complaint

Effect of death of paramour


Art 334- Concubinage

-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 two offenders are alive #uhuh

Penalty
Prision Correccional MIN & MED
Destierro

Effect of death of offended party


-proceedings must continue

Husband
Concubine

HOW is it committed?

-Art 353 seeks to protect the honor and reputation not only of the
living but of dead persons as well

1.) by keeping a mistress in the conjugal dwelling; or

-but if he dies before a complaint could be filed, the case cannot go


on, because no one can sign and file the complaint

2.) by having sexual intercourse, under SCANDALOUS circumstances,


w/ a woman who is not his wife; or

Pardon
3.) by cohabiting w/ her in any other place

-must come before the institution of the criminal prosecution; AND


-both the offenders MUST be pardoned
Act of intercourse SUBSEQUENT to adulterous conduct is an
IMPLIED PARDON

ELEMENTO-Concubinage

-the act of having intercourse w/ the offending spouse subsequent to


adulterous conduct is, at best, an implied pardon of said adulterous
conduct #uhuh #agaynay #danceWmyPapi

2.) he committed ANY of the following acts

1.) man MUST be married

3.) as regards the woman, she must KNOW him to be married

-where the pardon given is expressnot merely impliedthe act of


pardon by itself operates as such whether sexual intercourse
accompanies the same or not (People vs Muguerza 13 CA Rep 1079)

Adultery vs Concubinage
-both are violation of marital vow
-infidelity of the husband does NOT bring into the family, spurious
offspring

the second charge of adultery should be dismissed because of


consent
3

the offender must be a married man. The woman is liable only when
she knew him to be married prior to the commission of the crime

persons, and gives occasions to the neighbors spiritual damages or


ruin

if his sexual relations w/ a woman not his wife is not any one of them,
he is not criminally liable (People vs Santos )

SCANDALOUS not only when he and his mistress live in the same
room of a house BUT also when they appear together in public, AND
perform acts in sight of the community w/c give rise to criticism and
general protest among the neighbours

Concubinage by keeping a mistress in the conjugal dwelling


-The husband was guilty of concubinage by keeping a mistress in
the conjugal dwelling. When the mistress lived in the dwelling of the
spouses for about two months, no positive proof of actual intercourse
is necessary, it appearing that the mistress is pregnant not by any
other man and that they were surprised on the same bed (People vs
Bacon CA 44 OG 2760)

So for the existence of the crime of concubinage by having sexual


intercourse under scandalous circumstances, the offender must be so
imprudent and wanton as to offend modesty and that innate sense of
morality and decency of the people in the neighbourhood
When spies are employed, there is no evidence of scandalous
circumstances

-Scandalous circumstances are NOT necessary to make a husband


guilty of concubinage by keeping a mistress in the conjugal dwelling

-when spies are employed for the purpose of watching the conduct
of the accused and it appearing that none of the people living in the
vicinity has observed any suspicious conduct on his part in relation w/
his co-accused, there is no evidence of scandalous circumstances (US
vs Campos-Rueda 35 Phil 51)

Who is a mistress?
-it is necessary that the woman is taken by the accused into the
conjugal dwelling as a CONCUBINE

Concubinage by cohabiting w/ a woman in any other place

Conjugal Dwelling

-mere cohabitation is sufficient

-the home of the husband and wife even if the wife happens to be
temporarily absent on any account

-proof of scandalous circumstances not necessary


Unsay cohabit?

-a house, constructed from the proceeds of the sale of conjugal


properties of the spouses, especially where they had intended it to be
so, is a conjugal dwelling, and the fact that the wife never had a chance
to reside therein and that the husband used it w/ his mistress instead,
does not detract from its nature

- to dwell together, in the manner of husband and wife, for some


period of time, as distinguished from occasional, transient interviews
for unlawful 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#uhuh

Concubinage by having sexual intercourse under scandalous


circumstances

-thus, also, 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

-Scandalous consists in any reprehensible word or deed that offends


public conscience, redounds to the detriment of the feelings of honest
4

ADULTERY is more severely punished than concubinage

US vs Bailoses 2 Phil 49
REASON: because adultery makes possible the introduction of another
mans blood into the family so that the offended husband may have
another mans son bearing his (husbands) name and receiving
support for him

For her failure to pay her debt, the girl, after beating her w/a stick, was
compelled by the defendant to take of all her clothes & dance before
him and many other persons. It was held that there was a crime of acts
of lasciviousness, even if the dominating motive of defendants conduct
was to take revenge upon the girl for her failure to pay her debt, for it
cannot be believed that there was no admixture of lasciviousness in
the thought & purpose of the defendant who could devise such
method.

Chapter 2 Rape and Acts of Lasciviousness


Art335- Rape- Crimes against persons na..
Art 336- Acts of Lasciviousness

Penaty
Prision Correccional

People vs Fernando 8 A.C. Rep 219


But where a woman, 60 yrs old was taken from her house against her
will, slapped & maltreated, her drawers taken off & her hands & feet
bound by the accused to compel her to admit that she stole the shoes
of a certain person, the crime was GRAVE COERCION

ELEMENTO-Acts of Lasciviousness
1.) Offender commits any acts of lasciviousness or lewdness
2.) Act of lasciviousness is committed against a person of either sex
3.) It is done under any of the following circumstances:

DIFFERENCE sa Bailoses ug Fernando

a.) using force or intimidation; or


b.) when the offended party is deprived of reason or otherwise
unconscious

-ang babae sa Fernando Case kay gulang naman so di na angayan ug


acts of lasciviousness si lola #uhuh ..haha.. di bitaw
ANG TINUOD NGA RASON:
In this Bailoses case, the compulsion by beating the girl is included
in the constructive element of force in the crime of acts of
lasciviousness. In the Fernando case, the compulsion is the very act
constituting the offense of grave coercion (compelling the offended
party to admit the theft)

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
*MUST na ang a to d nga circumstance
Lewd
-obscene
-lustful
-indecent

It is not a defense that appellant was motivated not by lewdness but


by a desire to avenge the fact that her father committed a criminal
attack on appellants wife during the Japanese occupation (People vs
Famularcano)

-lecherous

Embracing, kissing & holding girls boobies is act of lasciviousness


BUT
In some cases, touching the breast of a woman is considered
unjust vexation only #uhuh

GAMIT natu mga gwapo


A lovers embrace & kisses are not lascivious, there being no evidence
that the lover was actuated by a lustful design or purpose, or that his
conduct was lewd or lascivious #uhuh (US vs Gomez 30 Phil 22)

-considering the RELIGIOUS ATMOSPHERE & the presence of many


persons, the conduct of the accused cannot be considered lascivious.
He performed the said acts either to spite girl or to force her to accept
him as a lover #uhuh

It is NOT necessary that the intimidation or physical force be


irresistible
Abuses against chastity(Art 246) vs Crimes against chastity
(Art336)

-the presence or absence of lewd design is inferred from the


nature of the acts themselves and the environmental circumstances

Abuses against Chastity


Offender- Public Officer

When a man embraces & kisses a woman 3x & intentionally fondles


her breast at the same time in a theatre where the lights were out &
the peoples attention was naturally concentrated on the picture, he
must be considered as having done so w/ a feeling of lasciviousness, a
mental process of emotion that differs in intensity in different
situations & different persons #uhuh #agaynay #danceWmyPapi

Mere immoral or indecent


proposal made earnestly &
persistently is sufficient

Crimes against chastity


Offender- usually private
individual
Some actual act of lasciviousness
should have been executed by the
offender

Acts of Lasciviousness vs Attempted Rape


a.) If the acts performed by the offender clearly indicate that his
purpose was to lie w/ the offended woman, it is attempted or
frustrated rape
b.) 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

this is the reason why at times, it may be extremely difficult to have a


clear distinction between the conduct of lascivious person and the
amorous advances of an ardent lover #uhuh Pang essay
Considering that the embracing & kissing of the girl took place in a
taxicab while passing along a public thoroughfare & at about
noontime, it is difficult to believe that the appellant could have desired
more than the ordinary outburst of one in love

Where the acts performed by the accused indicate desistance from


copulation in the midst of opportunity therefor, the accused having
made a push and pull movement w/o penetrating the reproductive
organ of the girl, & having emitted semen thereby, the intent to have
sexual intercourse is absent & the accused is liable for acts of
lasciviousness, not attempted rape (People vs Abarra) banga lang
gyud si koyyaahh #agaynay

THE BOMB
Although there are indications that while the girl did not want
the accused as her accepted lover, she was not UNWILLING to
receive attentions from him #agaynay #uhuh

If while committing an act amounting to attempted rape, the offender


desisted, such desistance does not imply the absolute irresponsibility
of the offender w/ respect to acts already committed. If acts of
lasciviousness were already committed, they are w/in the nature of
the consummated crime of acts of lasciviousness, since the actual
damage was already done to a lawful right (US vs Basilio (9Phil 16)

Xxx
(b) Those who commit the act of sexual intercourse or lascivious
conduct w/ a child exploited in prostitution or subjected to other
sexual abuse: Provided, That when the victim is under 12 yrs of age,
the perpetrators shall be prosecuted under Art 335(3) for rape and Art
336 of Act No. 3815(RPC ni) for rape or lascivious conduct, as the case
may be: Provided, That the penalty for lascivious conduct when the
victim is under 12 yrs of age shall be RT med

NO attempted or frustrated crime of acts of lasciviousness


-there can be no frustration of acts of lasciviousness, because no
matter how far the offender may have gone towards the realization of
his purpose, if his participation amounts to performing all the acts of
execution, the felony is necessarily produced as a consequence
thereof (People vs Falmularcano)

Lascivious Conduct (Sec 32 IRR of R.A. 7610)


-includes the intentional touching, either directly or through
clothing, of the genitalia and inner thigh, w/ an intent to arouse or
gratify the sexual desire of any person #agaynay
Sexual Abuse under Sec 5(b) Elemento
1.) Accused commits an act of sexual intercourse or lascivious
conduct;
2.) The said act is performed w/ a child exploited in prostitution
or subjected to other sexual abuse; and
3.) The child is below 18 yrs old

Acts of Lasciviousness vs Unjust Vexation


When the accused merely kissed & 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 #agaynay I think kani
ni pina behind the back nga hug.. #uhuh

Chapter 3- Seduction, Corruption of Minors, & White Slave Trade

BUT
When the accused not only kissed & embraced the complainant, but
fondled her breast w/ the particular design to independently derive
vicarious pleasure therefrom, the element of lewd designs exists
#uhuh (People vs Panopio)

Seduction- enticing a woman to unlawful sexual intercourse by


promise of marriage or other means of persuasion w/o use of force
Two kinds of seduction
1.) Qualified Seduction (Art 337)
2.) Simple Seduction (Art 338)

R. A. 7610 Special Protection of Children Against Abuse, Exploitation


and Discrimination Act

Art 337-Qualified Seduction


Penalty
Prision Correccional MIN & MED
Any person in public authority,
priest, house servant, domestic,
etc. see page 924 Reyes
Next higher in degree
Any person who seduces his sister
or descendant

Sec 5. Child Prostitution & Other Sexual AbuseChildren, whether


male or female, who for money, profit, or any other consideration or
due to the coercion or influence of any adult, syndicate or group,
indulge in sexual intercourse or lascivious conduct, are deemed to be
children exploited in prostitution & other sexual abuse.
The penalty of RT MED- RP shall be imposed upon the ff:
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2 classes of qualified seduction

Offender in Qualified Seduction


1.) Those who abused their authority:
a.) Person in public authority
b.) Guardian
c.) Teacher
d.) Person who, in any capacity, is entrusted w/ the education
or custody of the woman seduced ( Serrrrr) #uhuh
2.) Those who abused confidence reposed in them
a.) Priest (Fatherrrr)
b.) House Servant
c.) Domestic
3.) Those who abused their relationship
a.) Brother who seduced his sister
b.) Ascendant who seduced his descendant

a.) Seduction of a virgin over 12 yrs & under 18 yrs of age by


certain persons, such as, a person in authority, priest, teacher,
etc.; and
b.) Seduction of a sister by her koyahh(brother), or descendant by
her papi (ascendant), regardless of her age or reputation i.e.
whether she is a virgin or not; whether she is under 18 or not
ELEMENTO- Qualified Seduction of a virgin
1.) Offended party is a virgin, w/c is presumed if she is unmarried
and of good reputation
2.) She MUST be over 12 AND under 18 yrs
3.) Offender has sexual intercourse w/ her #agaynay
4.) There is abuse of authority, confidence or relationship on the
part of the offender

Deceit-Not an element in Qualified seduction


-it is settled that deceit, although an essential element of simple
seduction, does not need to be proved in a charge of qualified
seduction. It is replaced by abuse of confidence.
-even though no deceit intervenes or even when such carnal
knowledge were voluntary on the part of the virgin, because in such a
case, the law takes for granted the existence of the deceit as an integral
element of the said crime & punishes it w/ greater severity than it
does the simple seduction xxx taking into account the abuse of
confidence on the part of the agent an abuse of confidence w/c implies
deceit (People vs Fontanilla 23 SCRA 1227)

if the victim is less than 12 yrs of age, the crime is rape. If the victim is
over 18 yrs of age, qualified seduction is not committed. There is no
crime at all, if there is no force or intimidation or the woman is not
unconscious or otherwise deprived of reason
BUT take note: if the offender is the koyah or the papi of the offended
party, the crime is committed regardless of her age or reputation
Offended party need NOT be physically virgin.. naay d i lain nga
virgin? #agaynay #uhuh

In qualified seduction, the fact that the girl gave consent to the
sexual intercourse is no defense

In the case of US vs Casten 34 Phil 808, the defendant claims that he


had prior intercourse w/ the girl. The Supreme Court considered her
still a virgin w/in the meaning of the law. In the case of US vs Suan
27Phil 12, it was established that the girl had carnal relations w/ other
men. Her chaste character was then open to question. In law, she is no
longer a virgin. The accused regard her more or less a public woman
#uhuh

Serrrr
-even if the accused is not the teacher of the offended party, it is
sufficient if the accused is a teacher in the same school, because of his
moral influence as member of the faculty over the student (Santos vs
People 40 OG Supp 6, 23)
Qualified Seduction is pwede also in the following:
8

Qualified Seduction by seducing a sister or descendant


-the seduction of a sister or descendant is known as INCEST.
Virginity of the sister or descendant is NOT required & she may be
over 18 yrs of age. Relationship must be by CONSANGUINITY. The
relationship need not be legitimate
BUT take note! If the sister or descendant is UNDER 12 yrs, the crime
would be RAPE .

1.) Master to her female servantReason: any person who, in any


capacity, shall be entrusted w/ xxx the custody of the woman
seduced
2.) Head of the familyReason: he took advantage of his authority
& abused the confidence & trust reposed in him as head of the
family and master of the house
3.) Brother in law
4.) House servant to the masters daughter #wagpokoyahhh

The accused charged w/ rape CANNOT be convicted of qualified


seduction under the same information
Qualified Seduction committed by a priest (US vs Santiago 41 Phil 793)
Art 338-Simple Seduction
-When the girl went to the church to confess, the priest upon meeting
her, embraced & kissed her. The priest made her LIE on a board on the
floor & had sexual intercourse w/ her
Held: The priest is guilty of QS #agaynay #danceWmyPapi

Penalty
Arresto Mayor
ELEMENTO- Simple Seduction
1.) Offended party is over 12 AND under 18 yrs
2.) She must be of good reputation, single or widow
3.) Offender has sexual intercourse w/ her
4.) Committed by means of deceit

Unsay Domestic?
-is a person usually living under the same roof, pertaining to the
same house
-includes all those persons residing w/ the family & 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 & lodging

If she is over 18 yrs 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 w/ her. This is true even if
deceit is employed by the accused #danceWmyPapi

-BUT if a man is merely stopping at a public inn or tavern when he


seduced the landlords daughter, the man is NOT a domestic
REASON: such a man is not tendered or expected to receive those
sentimental & confidential manifestations of intimacy exchanged
between members of the same household

Virginity of offended party is NOT required


-It is not essential in simple seduction that the woman seduced be a
virgin, as all that is necessary is that she is of good reputation
-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 w/ a number of men prior to
accuseds sexual intercourse w/ her, is not of good reputation (US vs
Suan 27 Phil12)

Thus, if the offended woman was SLEEPING or the offender USED


FORCE or INTIMIDATION, when he had sexual intercourse w/ her, the
crime would be rape

Deceit generally takes the form of unfulfilled promise of marriage


-promise of marriage MUST be the inducement and the woman
MUST yield because of the promise or other inducement. If she is
consents merely from carnal lust, and the intercourse is from mutual
desire, there is no seduction #agaynay #uhuh #danceWmyPapi (US vs
Sarmiento 27 Phil 121)

ELEMENTO
1.) Offender commits acts of lasciviousness or lewdness
2.) The acts are committed upon a woman who is a virgin or
singles or widow of good reputation, under 18 yrs of age but
over 12 yrs, or a sister or descendant regardless of her
reputation or age
3.) Offender accomplishes the acts by abuse of authority,
confidence, relationship, or deceit

#GoldDiggerBitch
If a woman under 18 but over 12, agrees to a sexual intercourse w/ a
man who promised to give her precious jewelry, and the man never
fulfills it, there is no seduction, because she proves to be a woman of
loose morals. She is a high-class prostitute

NOTE: Male cannot be the offended party in this crime


In order that the crime of acts of lasciviousness w/ the consent of the
offended party may be committed, it is necessary that the crime is
committed under circumstances w/c would make it qualified or simple
seduction had there been sexual intercourse, instead of acts of
lewdness only

-Promise of marriage by a married man is not deceit provided that the


woman knew that he was married when she surrendered herself

The offended woman may have consented to the acts of


lasciviousness being performed by the offender on her person, BUT
the consent is obtained by abuse of authority, confidence or
relationship or by means of deceit

-A promise of marriage made AFTER the sexual intercourse had taken


place, or after the woman had yielded her body to the mans illicit
embraces, cannot be held to have induced the woman to surrender her
virtue (US vs Sarmiento 27 Phil 121)
Purpose of punishing SEDUCTION
-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 (#agaynay) and then fails & refuses to fulfill his promise, a
character despicable in the eyes of every decent, honourable man
(People vs Iman 62 Phil 92)

Art 336 vs Art 339


-Under Art 336, the acts are committed under circumstances w/c, had
there been carnal knowledge, would amount to RAPE #uhuh
-Under Art 339, the acts of lasciviousness are committed under the
circumstances w/c had there been carnal knowledge, would amount to
either QUALIFIED SEDUCTION or SIMPLE SEDUCTION

Art 339-Acts of lasciviousness with the consent of the offended party

Art 340- Corruption of Minors

Penalty

Penalty

Arresto Mayor
Prision Mayor
PM + Temporary Absolute DQ

10

Bugaw
Bugaw na Public Officer or EE

To satisfy the lust of another


-so, sa atu pa one who casts for his own ends DOES NOT incur the
sanction of the law #uhuh

Acts penalized as white slave trade (EPE)


1.) Engaging in the business of prostitution
2.) Profiting by prostitution
3.) Enlisting the services of women for the purpose of prostitution

Single act w/o abuse of authority or confidence is now a crime


NOTE: One of those above-mentioned acts is sufficient to constitute
the offense

Unchaste Acts- NOT necessary


-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

Offender need not be the owner of the house


-the person responsible under Art 341 is the person who maintains
or engages in the business. It is not a defense that he is only the
manager or the man in charge of the house w/a friend salary (People
vs Gomez)
One who engaged the services of a woman ostensibly as a maid but in
reality for purpose of prostitution & who in fact dedicated her to such
immoral purposes for profit, is guilty of while slave trade (People vs
Isidro)

Age of the victim w/ regards to the crime of corruption of minors


MUST be below 21 yrs old PLUS the victim must be of good reputation,
not a prostitute or corrupted person #agaynay
Child Prostitution under RA 7610 page 935

Victim under 12
-1 degree higher than that imposed by law

Sec 5. Child Prostitution & other Sexual AbuseChildren, whether male or female,
who for money, profit or other consideration or due to the coercion or influence of any
adult syndicate or group, indulge in sexual intercourse or lascivious conduct, are
deemed to be children exploited in prostitution & other sexual abuse.

Chapter 4- Abduction

The penalty of reclusion temporal MED- reclusion perpetua shall be imposed upon the
ff:
1) Acting as procurer of a child prostitute;
2) Inducing a person to be a client of a child prostitute by means of written or oral
advertisements or other similar means;
3) Taking advantage of influence or relationship to procure a child as prostitute;
4) Threatening or using violence towards a child to engage him as a prostitute
5) Giving monetary consideration, goods or other pecuniary benefit to a child w/
the intent to engage such child in prostitution.

Abduction- taking away of a woman from her house or the place


where she may be FOR THE PURPOSE of carrying her to another place
w/ intent to marry or to corrupt her so murag taban
2 Kinds of Abduction
1.) Forcible abduction (Art 342)
2.) Consented abduction (Art 343)

Art 341- White Slave Trade

Art 342- Forcible Abduction

Penalty

Penalty

Prision Correccional MED & MAX

Reclusion Temporal

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ELEMENTO
1.) Person abducted is any woman, regardless of her age, civil
status, or reputation
2.) Abduction is against her will
3.) Abduction is w/ lewd design

In case of the female abducted be under 12 yrs of age, it is NOT


necessary that she be taken against her willREASON? She has no
will of her own and, therefore, is incapable of giving consent
Sex not necessary in forcible abduction
-Actual illicit relation w/ the female abducted need not be shown.
The intent to seduce the girl is sufficient

ANY WOMAN
-so pwede married woman
-virginity of the offended woman is NOT an essential element
of the crime of forcible abduction (People vs Torres 62 Phil
942)

Thus, when not only the woman, but the man as well, had the
required age for consenting to marriage, and it does not appear that
either of them had any impediment to contracting it, the intention to
marry does not constitute unchaste design (People vs Crisostomo 46
Phil 780)

BIRDS EYEVIEW: Crimes against chastity WHERE age and


reputation of victim are IMMATERIAL:
1.) Rape
2.) Acts of lasciviousness against the will or w/o the consent of the
offended party
3.) Qualified seduction of sister or descendant
4.) Forcible Abduction

husband not liable for abduction of his wife, as lewd design is


wanting
Nature of the Crime of Forcible Abduction
-the act of the offender is VIOLATIVE of:
-individual liberty of the abducted
-her honor
-her reputation
-public order

THE taking away of the woman may be accomplished by means of


deceit first & then by means of violence & intimidation

When there is no lewd design, it is coercion, provided that there is no


deprivation of liberty for an appreciable length of time
-since the accused did not molest or attempt to molest her
during the ride and the whole time she stayed w/ the accused, the
element of lewd design was lacking and hence, the crime committed is
grave coercion

Thus, when defendant, who had served as an intermediary between


the lovers, told the woman that her lover was awaiting her at a spot
near a growth of sugar cane for the purpose of joining her and eloping
w/ her, w/c was not true, and upon arriving at the place referred to,
defendant caught her by the hand, gave her a slap,& dragged her into
the midst of the sugar cane growing nearby where threatening her w/
a dagger he had in hand, he overcame her resistance & succeeded in
lying w/ her, it was held that defendant was guilty of forcible
abduction

Forcible abduction vs Corruption of Minors


-Where a 13 y.o. girl wasa abducted by the accused w/o lewd
designs on his part, but for the purpose of lending her to illicit
intercourse w/ others, the crime committed by the accused was held
to be NOT abduction but corruption of minors (US vs Tagle 1 Phil 626)

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Forcible abduction w/ several acts of rape


-the crime of forcible abduction was only necessary for the first
rape. Thus, the subsequent acts of rape can no longer be considered as
separate complex crimes of forcible abduction w/ rape. They should be
detached from & considered independently of the forcible abduction.
Therefore, accused should be convicted of one complex crime of
forcible abduction w/ rape & three separate acts of rape. (People vs
Garcia GR# 141125)

Art 343- Consented Abduction

Penalty
Prision Correccional MIN & MED
ELEMENTO:
1.) Offended party MUST be a virgin
2.) She must be over 12 & under 18 yrs
3.) Taking away of the offended party MUST be w/ her consent,
after solicitation or cajolery from the offender
4.) Taking away of the offended party must be w/ lewd designs

The attempt to rape her is absorbed by the abduction, being the


element of lewd design of the latter

Virginity #uhuh
-even if the accused had sexual intercourse w/ the girl before they
eloped, there is still a case of abduction w/ consent (US vs Casten 34
Phil 808)

If there was abduction but the resistance of the woman to the alleged
rape was not tenacious, the accused would be guilty only of abduction
Rape may absorb forcible abduction if the main objective of the
abduction was to rape the victim (People vs Toledo 83 Phil 777)

Virgin is under 12 years


-the crime committed is forcible abduction, even if the girl agrees to
the elopement #agaynay

The offense was attempted abduction. The lewd designs were


indicated by the holding of the girl around her waist & by the attempt
of the accused upon the chastity of the girl on previous night (US vs
Luna 4 Phil 269)

Must the taking of the virgin have the character of permanency?


-it was uniformly held that the taking away of the girl in consented
abduction NEED NOT be w/ some character of permanence
-no matter how short is the taking away the crime exists

Conviction of Acts of Lasciviousness NOT a bar to conviction of


Forcible Abduction
-To prove lewd designs in forcible abduction, actual illicit relations w/
the human abducted need not be shown. Intent to seduce is sufficient

Offended party need not be taken from her house


-The abductor need not actually & personally have taken the
abducted female from her parents home, or induced her to abandon it.
It is SUFFICIENT that he was instrumental in her escape

-Moreover, in the crime of abduction, the person abducted MUST be a


woman, w/c in the crime of acts of lasciviousness; the lustful acts may
be committed upon persons of either sex.

Thus, where the defendant, by means of honeyed promises of


marriage, induces a minor to leave her house & DEFLOWERS (#uhuh)
her, & immediately after w/c she returns to her dwelling, he is guilty of
the offense of consented abduction

-Accordingly, one of these two crimes involves some important act w/c
is NOT an essential element of the other, so that the conviction of one
of them is NOT obstacle to that of the other. There was, therefore, no
double jeopardy. (People vs Franco CA 53 OG 410)
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Underlying principle or reason why crimes against chastity


cannot be prosecuted de oficio

When there was no solicitation or cajolery & no deceit & the girl
voluntarily went w/ the man, there is no crime committed even if they
had sexual intercourse #uhuh

-out of consideration for the offended woman & her family who
might prefer & to suffer in silence rather than go through w/ the
scandal of a public trial (Samilin vs CFI 57 Phil 298)

No crime was committed. It cannot be consented abduction, because


the girl went to the house of the man VOLUNTARILY (yeah you heard it
right #uhuh) w/o solicitation or cajolery, It cannot be seduction,
because no deceit was employed by the man before having sexual
intercourse w/ her

NOTE: Rape may be prosecuted de oficio kay crimes against persons


naman siya
Prosecution of adultery & concubinage
-the offended party cannot institute criminal prosecution w/o
including both the guilty parties, if they are both alive, nor, in any case,
if he shall have consented or pardoned the offenders

Element of lewd designs is IMPORTANT in consented abduction!


Purpose of punishing consented abduction
-not to punish the wrong done to the girl
-BUT to prescribe punishment for the disgrace to her family &
the alarm caused therein by the disappearance of the one who
is, by her age & sex, susceptible to cajolery & deceit (US vs
Reyes 20 Phil 510)

-the parent or grandparent, or any other person in behalf of the


offended party, is not authorized by law in any case to sign & file
complaint for adultery or concubinage

Consented abduction w/ rape? PWEDE!!!!

Prosecution of the Crime of Prostitution


-the imputation of a crime of prostitution against a woman can be
prosecuted de oficio (People vs Judge Orcullo 111SCRA 609)

Chapter 5- Provisions Relative to the Preceding Chapters of Title


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Dismissal of the complaint of adultery


-the dismissal by the justice of the peace of a husbands complaint
for adultery after the preliminary investigation is a termination of the
case. It can be reopened only upon a new complaint of the offended
husband (Quilaton & Santiago vs Caruncho 21 Phil 399)

Art 344- Prosecution of adultery, concubinage, seduction, abduction,


rape & acts of lasciviousness
1.) Adultery and concubinage must be prosecuted upon complaint
signed by the offended spouse
2.) Seduction, abduction, rape or acts of lasciviousness must be
prosecuted upon complaint signed by
a.) Offended party
b.) Her parents
c.) Grandparents; or
d.) Guardians in the order in w/c they are named
above

Both the guilty parties, if both alive, must be included in the


complaint
-In adultery, the complaint MUST be instituted against both the
wife & her paramour. The husband is expressly prohibited from filing
the complaint against one of the parties w/o including therein the
other (US vs Asuncion 22 Phil 358)
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Both parties MUST be included even if one of them is not guilty


REASON: it is not for the husband to determine the question of the
guilt or innocence of the paramour in the crime of adultery; the
question must be left to the court

Pardon in crimes against chastity


-Pardon of the offenders by the offended party is a BAR to prosecution
for adultery or concubinage

Prosecution of seduction, abduction, or acts of lasciviousness


*WHO can file?
-offended party, even if minor provided she is competent &
capable of doing so
-parents
-grandparents
-guardian
*The right to file the action granted to the parents, grandparents or
guardian shall be exclusive of all other persons & shall be exercised
SUCCESSIVELY in the order herein provided
Example:
But if the offended party is insane or physically disabled, the
father can sign the complaint. If the father is dead, the mother
can do it. If both are dead, then the grandfather should sign the
complaint (US vs Bautista 40 Phil 735)

-Pardon in adultery & concubinage must come before the institution of


the criminal action & both offenders must be pardoned by the offended
party if said pardon is to be effective (People vs Infante 57 Phil 138)
NOTE: parent of the offended party cannot pardon them
-pardon in seduction must also come before the institution of criminal
action
-express pardon of the offender by the offended party or other persons
named in the law, as the case may be, is a BAR to prosecution for
seduction, abduction, rape or acts of lasciviousness
-pardon by the parent MUST be accompanied by the express pardon of
the girl herself (US vs Luna 1 Phil 360)

The court, therefore, holds that prior consent is as effective as


subsequent consent to bar the offended party from prosecuting the
offense

Guardian is one LEGALLY appointed by the court


-means legal not natural guardian; that is, guardian legally
appointed in accordance w/ the provision of the law
-it is sufficient that a person affirms under oath that he is the
guardian of a minor BUT of it is denied, he has to prove it by means of
judicial order

Any act of infidelity to the vows of marriage subsequent to in the


condonation constitutes a new offense that is subject to criminal
prosecution NOTE: any subsequent acts of the offender showing that
there was no repentance will NOT bar the prosecution of the offense

The complaint, w/c must be signed by the offended party, MUST


be filed in court, not w/ the fiscal

When the complaint for adultery or concubinage is based on acts


already pardoned by the offended spouse, the complaint will be
dismissed

When complexed w/ another crime (public crime), complaint


need not be signed by the offended woman
REASON: since one of the component offenses is a public crime,
the latter should prevail, because public interest is always paramount
to private interest (People vs Yu 110 Phil 793)
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Delay in the filing of complaint, if satisfactorily explained, does


not indicate pardon
-That the lapse of time had a plausible explanation (hoarding
sufficient evidence to insure conviction). There was no inexcusable
Delay

Art 345- Civil Liability of persons guilty of crimes against chastity


What are the civil liabilities of persons guilty of RAPE,
SEDUCTION, or ABDUCTION
1.) Indemnify the offended woman
2.) Acknowledge the offspring, unless the law should prevent him
from doing so
3.) In every case, bisag unsaon ug bali2 sa world, to support the
offspring gyud #uhuh

Pardon by the offended party who is a minor must have the


concurrence of parents
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 #makessense

Civil liability of the adulterer and the concubine


-the adulterer and the concubine can be sentenced only to
indemnify for damages caused to the offended spouse
REASON:
-acknowledgment of the offspring is NOT LEGALLY
POSSIBLE, because only children born of parents who could
marry at the time of conception may be acknowledged.
-Support of the offspring is not included, because the person
who gives birth, if at all, is one of the offenders & not the
offended party #uhuh

MARRIAGE of the offender and offended party #uhuh (seduction,


abduction, acts of lasciviousness & rape)
-marriage of the offender w/ the offended party benefits the coprincipals, accomplices and accessories (bisag nag serve na sa
sentence ang accomplice maka benefit gihapon siya #uhuh #hayahaya
AH)
APAN!!!
-the marriage MUST be entered into in good faith & with the intent
of fulfilling the marital duties and obligations (People vs Santiago 51
Phil 68)

MORAL DAMAGES
Pwede?
- Pwede kaayo sa rape, seduction, abduction, or other lascivious acts as
well as in adultery and concubinage

Only ACTUAL marriage could extinguish such liability!!

Kinsay pwede mu kuha?


-offended party; or
-her parents

The marriage of the parties guilty of adultery & concubinage is not


included in this provision, as a means to extinguish the criminal action
or to remit the penalty already imposed
REASON? Kay boang man silang duha bitaw, kay both parties
are offenders daw kunu..

Nganu pwede man taga.an ug MORAL damages ang parents? Na


#agaynay d i sila?
-the law presumes that not only the woman who was seduced,
abducted, raped or abused, but as well as her parents, naturally suffer
besmirched reputation, social humiliation, mental anguish, and
wounded feelings. In the case at bar, moral damages must be awarded
to the offended woman & her parents, not to either of them.
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Hashtag Mandingo Party #uhuh


-All the accused must support the offspring. As any one of them
may be the father and that each & every one of them is directly
responsible that an unwilling mother may gave birth to an undesired
offspring, each and every one of them contributed to, and cooperated
in, the giving birth to the child (People vs Velo 80 Phil 438)

Art 346-Liabilities of ascendants, guardians, teachers, or other


persons entrusted w/ the custody of the offended party
Persons who cooperate as accomplices but are punished as
principals in rape, seduction, abduction, etc.
1.) Ascendants
2.) Guardians
3.) Curators
4.) Teachers
5.) Any other person, who cooperates as accomplice w/ abuse
of authority or confidential relationship
Crimes embraced in chapters 2, 3, & 4 of this title
1.) Rape
2.) Acts of Lascviousness
3.) Qualified Seduction
4.) Simple Seduction
5.) Acts of Lasciviousness w/ the consent of the offended party
6.) Corruption of minors
7.) White slave trade
8.) Forcible abduction
9.) Consented abduction

Acknowledgment
-it has been held, however, that acknowledgment is disallowed if
the offender is a married man.

AT PRESENT, children are classified as only legitimate or illegitimate,


w/ no further positive act required of the parent as the law itself
provides the childs status
Therefore, under Art 345 of the RPC, the offender in a rape case who is
married can only be sentenced to indemnify the victim and support the
offspring, if there be any!!!!
Recognition of offspring in multiple rape?
-di pwede, it being impossible to determine the paternity thereof
Civil Liability in rape of married woman
-only indemnity is allowed in rape of a married woman
PILA pud?
-P 50,000.00 in the case of People vs Bulaybulay (1995) AND
People vs Acabo (1997)
The same reason w/c prevents the offender from acknowledging the
offspring should also prohibit him from entering periodically the home
of the woman raped, in order to comply w/ the duty of supporting the
spurious offspring. If this is allowed, it will be the source of great
disturbance to the family rights of the parents who should live in peace
and enjoy the attributes of their legitimate authority over their
children (US vs Yamabao 4 Phil 204)

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