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CRIMES AGAINST CHASTITY also referred to as PRIVATE CRIMES, or crimes w/c cannot be prosecuted de oficio, because of the requirement

t that the
prosecution thereof be upon a sworn written complaint of the offended party or certain persons authorized by law.
1. Adultery 333
2. Concubinage 334
3. Acts of Lasciviousness w/ or w/o consent (336, 339)
4. Seduction whether qualified or simple (337,338)
5. Abduction w/c may be forcible or consented (342, 343)
Corruption of Minors 340 and White Slave trade 341 can be prosecuted de oficio.
333 ADULTERY

1) The 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.

The woman must be married.


The offended party must be legally married to the offender at the time of
the criminal case.
Even if the marriage be subsequently declared void.
Carnal knowledge may be proved by circumstantial evidence.
Each sexual intercourse constitutes a crime of adultery. (It is NOT a
continuing crime)
Even if the husband shld pardon his adulterous wife, such pardon would
not exempt the wife and her paramour from criminal liability for adulterous
acts committed AFTER the pardon.
ABANDONMENT w/o justification is NOT exempting but only MITIGATING.
Sheer necessity is MITIGATING
MCs & ACs apply to BOTH defendants.
The man must have KNOWLEDGE of the married status of the woman. And
although in the beginning he may not know that she is married, but
continued his illicit affairs w/ her, he will be guilty of adultery as regards
the sexual intercourse AFTER having such knowledge.
Married woman guilty of adultery may also be guilty of Concubinage if
she knew that the man was married.
ACQUITTAL of one of the defendants will NOT automatically acquit the
other.
Death of the paramour will not bar prosecution against the unfaithful wife.
Death of the offended party will not bar the prosecution against the
defendants.

Effect of Pardon (refers to past adultery)


1. The pardon must come BEFORE the institution of the criminal
prosecution; and
2. BOTH OFFENDERS must be pardoned by the offended party.
Act of intercourse subsequent to adulterous conduct is an IMPLIED
PARDON.

334 CONCUBINAGE
1. By KEEPING a MISTRESS in the CONJUGAL DWELLING;
2. By having SEXUAL INTERCOURSE under SCANDALOUS CIRCUMSTANCES w/ a
woman not his wife; or
3. By COHABITING w/ her in any other place.

1) The MAN must be MARRIED;


2) He committed the above acts;
3) As regards the WOMAN, she must KNOW him to be MARRIED.
OFFENDERS:
1) The married man
2) The woman who knows him to be married.

It is necessary that the woman is TAKEN by the accused into the conjugal
dwelling AS A CONCUBINE.

Conjugal Dwelling the home of the husband & wife even if the wife happens
to be temporarily absent on any account, even if the wife did not have the
chance to live in it, as long as the house was constructed from the proceeds
of the conjugal funds.
Scandal any reprehensible word/deed that offends public conscience,
redounds to the detriment of the feelings of honest persons & gives occasion
to the neighbors spiritual damage or ruin (does not have to be in the
conjugal dwelling)
- must be proved by testimony of the people from the vicinity (not
the wifes and not by spies)

living in the same room of a house

appearing together in public

performing acts in sight of the community w/c give rise to criticism and
general protest among the neighbors.
By cohabiting proof of scandalous circumstances is NOT necessary.
Cohabit to dwell together, in the manner of husband & wife, for some period
of time as distinguished from occasional, transient interviews for sexual
intercourse.
THUS, there is NO concubinage if a married man is surprised in the act
of sexual intercourse w/ a woman not his wife in a hotel.
A person who keeps a mistress in an APARTMENT furnished by him is
NOT GUILTY of concubinage if he does not live or sleep w/ her in said
apartment.

CONSENT to future adultery bars the husband from prosecuting the wife
for adultery.
AGREEMENT to SEPARATE = Consent
There is NO accomplice in adultery.

336 ACTS OF LASCIVIOUSNESS

1) O commits any act of LASCIVIOUSNESS/LEWDNESS;


2) Against a PERSON of EITHER SEX;
3) Under the ff circumstances:
a) By using FORCE/INTIMIDATION;
b) Offended party is DEPRIVED of REASON or otherwise
UNCONSCIOUS;
c) By means of FRAUDULENT MACHINATIONS or GRAVE ABUSE of
AUTHORITY;
d) When the offended party is UNDER 12 y/o or is DEMENTED

Compelling a girl to dance naked before men

Embracing, kissing and holding a girls breast

Placing a mans private parts over a girls genital organ

339 ACTS of LASCIVIOUSNESS WITH CONSENT

1) O commits acts of lasciviousness/lewdness


2) Upon a woman who is
a) VIRGIN
b) SINGLE
c) WIDOW of good reputation
d) BETWEEN 12 &18
e) Sister or descendant regardless of reputation or age
3) The offender accomplishes the acts by:
a) Abuse of authority;
b) Abuse of confidence;
c) Abuse of relationship
d) Deceit

Only a WOMAN may be the offended party in this crime (unlike in 336)
Acts of Lasciviousness
Grave Coercion
the
In offense
order that 339 is violated, it is necessary that the crime is committed
Compulsion may be included in the
Compulsion is the very act constituting
under
circumstances w/c would make it Qualified or Simple
constructive element of force in committing
of grave coercion
Seduction had there been sexual intercourse, instead of acts of
336
lewdness only.
MOTIVE of lascivious acts is NOT important because the essence of
The CONSENT here must be obtained either by abuse of authority,
lewdness is the very act itself.
confidence, relationship or by means of deceit.
The presence or absence of lewd designs is inferred from the nature of the
336
339
acts themselves and the environmental circumstances.
Both
treat
acts
of
lasciviousness

Kissing in the school or in church are not necessarily acts of


Acts are committed under
The acts of lasciviousness are
lasciviousness
circumstances w/c had there been
committed under the circumstances

But it is acts of lasciviousness when done in a theater.


carnal knowledge, would amount to
w/c, had there been carnal
Moral compulsion amounting to intimidation is sufficient.
rape.
knowledge, would amount to either
qualified or simple seduction.
ABUSES against Chastity
CRIMES against Chastity
Committed by a public officer and that a
Offender is usually a private indiv, and it is necessary
There may be consent, but there is
mere immoral or indecent proposal made
that some actual act of lasciviousness should have
either abuse of authority,
earnestly and persistently is sufficient
been performed.
confidence, relationship or deceit.
Acts of Lasciviousness
Manner of committing the crime is the same
Offended party is either sex
Performance of lascivious acts
Lascivious acts are the final objective.

Rubbing only until man achieves


orgasm

Attempted Rape

Acts performed by the offender


his purpose was to lie w/ the offended woman
Lascivious acts are but preparatory
commission of rape.

Taking off his pants and tearing the


underwear of the girl

Lifting the dress of the woman and placing


himself on top of her and persisted in his
purpose even when the woman awoke and
screamed for help.
Desistance in the commission of attempted rape may constitute acts of
lasciviousness since the actual damage was already done before the
accused desisted.
Thre is NO Attempted/Frustrated crime of acts of lasciviousness.

Acts of Lasciviousness

Unjust Vexation
When performed in the absence of the abovementioned circumstances.

Lascivious Conduct the intentional touching, either directly or through


clothing, of the genitalia, anus, groin, breast, inner thigh or buttocks;
or the introduction of any object into the genitalia, anus or mouth of
any person, whether of the same or opposite sex, w/ an intent to abuse,
humiliate, harass, degrade, or arouse or gratify the sexual desire of any
person
bestiality, masturbation, lascivious exhibition of the genitals of pubic area of a
person.

337 QUALIFIED SEDUCTION


(1) Seduction of a VIRGIN bet
(2)Seduction of a SISTER by her brother or
12&18years by persons who ABUSE
descendant or by her ascendant, regardless
their AUTHORITY or the CONFIDENCE
of age or reputation.
reposed.

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;
3) O has SEXUAL INTERCOURSE w/ her;
4) There is ABUSE of AUTHORITY,
CONFIDENCE or RELATIONSHIP on
the part of the offender.
Virgin refers to a woman of chaste
character or a woman of good
reputation. It does NOT mean physical
virginity; presumed if the woman is
unmarried.
OFFENDERS 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
2. Those who ABUSED CONFIDENCE reposed in them:
a) Priest
b) House servant
c) Domestic
3. Those who ABUSED their RELATIONSHIP:
a) Brother who seduced his sister
b) Ascendant who seduced his descendant
The acts would not be punished were it not for the character of the person
committing the same, on account of the excess power or abuse of confidence
of w/c the offender availed himself.
DECEIT is NOT an element of Qualified Seduction (as in Simple Seduction). It is
replaced by ABUSE of CONFIDENCE.
It is qualified seduction if the offender seduced a virgin bet 12 & 18 even
though NO deceit was employed by him, or even when such carnal knowledge
were VOLUNTARY on the part of the girl.
It is sufficient that the TEACHER is in the SAME SCHOOL, even if the accused is

338 - SIMPLE SEDUCTION

1) Offended party is 12 and 18


2) She must be
a) Of good reputation
b) Single or widow
3) O has SEXUAL INTERCOURSE w/ her
4) By means of DECEIT.

If the girl is 12Rape even if the offender succeeds in having


sex w/ her by means of deceit.
If she is 18no crime even if deceit is employed by the
accused.
Offended party need NOT be a virgin, but must NOT be of loose
morals
There must be sexual intercourse, otherwiseActs of
Lasciviousness w/ consent
Deceit generally takes form of unfulfilled promise of marriage.

not the teacher of the offended party.


Qualified Seduction by the master if the master shall have sex w/ a
female servant, a virgin bet 12 &18 (covered by person entrusted w/ the
custody of the woman seduced)
Qualified seduction by head of the family
Qualified seduction by a brother-in-law
Domestic a person usually living under the same roof, pertaining to the same house;
includes all persons residing w/ the family and 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. not when a man is merely stopping at
a public inn when he seduced the landlords daughter

If any of the circumstances in the crime of rape is presentRape


Qualified seduction by seducing a sister or descendant incest. The
relationship must be by consanguinity, but need not be legitimate.
If the SISTER/DESCENDANT is under 12Rape.
If the SITER/DESCENDANT is over 12 and marriedAdultery
The accused charged w/ rape cannot be convicted of Qualified Seduction under
the same information.

340 CORRUPTION OF MINORS


To PROMOTE/FACILITATE the PROSTITUTION/CORRUPTION of persons under age to
satisfy the lust of another
Under age - 18
Victim must be of GOOD REPUTATION and NOT a prostituted or corrupted
person.
It is not necessary that the unchaste acts shall have been done since what is
being punished is the mere act of PROMOTION/FACILITATION.
A mere proposal will consummate the crime.
Habituality or abuse of authority/confidence is NOT necessary.
If victim is 12 higher penalty
Child Prostitution under RA 7610
Children, wheter male/female, who for money, profit or other consideration
or due to the coercion or influence of any adult syndicate group, indulge in
sexual intercourse or lascivious conduct, are deemed to be children
exploited in prostitution & other sexual abuse.
Persons liable
1. Those who ENGAGE/PROMOTE/FACILITATE/INDUCE child prostitution w/c
include, but not limited to:
a) Acting as a PROCURER of a child prostitute;
b) INDUCING a person to be a CLIENT of a child prostitute by means
of written/oral advertisements or other similar means;
c) TAKING ADV of INFLUENCE/RELATIONSHIP to procure a child as a
prostitute;
d) THREATENING or using VIOLENCE towards a child to engage him as
a prostitute;
e) GIVING monetary consideration, goods, or other pecuniary benefit

Such promise must be the reason why the woman yielded. Even
if the man is willing to marry the girl, but when he knows that
the girl cannot legally consent to the M, and yet makes such
promise.
If a woman 12 18 agrees to a sexual intercourse w/ a man
who promised to give her precious jewelry and the man never
fulfills it,NO Seduction, because the woman proves to be of
loose morals when she agreed to have sex in exchange of
jewelry.
Promise made by a married man is NOT a deceit if the woman
KNEW that the man is married.
There is no continuing offense of seduction because virginity
can only be lost once.

341 WHITE SLAVE TRADE


1. ENGAGING in the BUSINESS of PROSTITUTION;
2. PROFITING by prostitution;
3. ENLISTING the services of women for the purpose of prostitution.
Any one of the above acts is sufficient to constitute the offense.
Habituality is not a necessary element.
A person engaging in the business of prostitution need NOT be the
owner of the house.
The person responsible is the person who MAINTAINS or ENGAGES in
the business. It is not a defense that he is only the manager or man
in charge of the house w/ a fixed salary.
Maintainer/manager need NOT be present at the time of raid or arrest
or while the illicit traffic is being conducted.
Corruption of Minors
White Slave Trade
It is essential that victims are minors
Minority not needed
May have victims of either sex
Limited only to females
May not necessarily be for profit
Generally for profit
Committed by a singe act
Generally committed habitually

341(1) and (2) require the element of PROFIT & HABITUALITY.


But in 341(3), the profit motive is NOT required.
White Slave Trade may be WITH/WITHOUT CONSENT of the
woman.
Slavery for the purpose of assigning the woman to immoral
traffic272

2.
3.

to a child w/ the intent to engage him in prostitution.


Those who commit the act of SEXUAL INTERCOURSE or LASCIVIOUS
CONDUCT w/ a child exploited in prostitution or subjected to other sexual
abuse, provided when the victim is 12Rape 335(3) and 336 of RPC
Those who DERIVE PROFIT or advantage therefrom, whether as a manager
or owner of the establishment where the prostitution takes place, or of the
sauna, disco, bar, or any establishment serving as a cover, or w/c engages
in prostitution.

Attempt to Commit Child Prostitution under RA 7610


1. When any person who, not being a relative of the child, is found alone w/
the said child inside the room or cubicle of a house, an inn, hotel, motel,
pension house, apartelle or other similar establishments, vessel, vehicle or
any other hidden or secluded area under circumstances w/c would lead
reasonable person to believe that the child is about to be exploited in
prostitution and other sexual abuse;
2. When any person is receiving services from a child in a sauna, parlor or
bath, massage clinic, health club and other similar establishements.
ABDUCTION 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 w/ intent to marry
or corrupt her.
342 FORCIBLE ABDUCTION
343 CONSENTED ABDUCTION
It is the abduction of any woman
It is the abduction of a VIRGIN 12
AGAINST HER WILL and w/ LEWD
18, carried out w/ her CONSENT &
DESIGNS
w/ LEWD DESIGNS

1) The person abducted is a


1) Offended party must be a
WOMAN, regardless of her
VIRGIN
age, civil status or reputation;
2) SHE must be 1218
2) The abduction is AGAINST
3) The taking away of the
HER WILL;
offended party must be WITH
3) W/ LEWD DESIGNS
HER CONSENT, after
solicitation or cajolery from
the offender;
4) The taking away must be W/
LEWD DESIGNS
The taking away of the
Virginity not being of loose
woman may be accomplished
morals
by means of DECEIT FIRST,
If virgin is 12Forcible
then by means of
Abduction
violence/intimidation.
The taking need NOT be w/
If the female abducted is
some character of
12FORCIBLE ABDUCTION,
permanence
The offended party need
even if she voluntarily goes
w/ her abductor
NOT be taken from her
Sexual intercourse is NOT
house. It is sufficient that the
offender was instrumental in
necessary
her escape.
Lewd designs may be proved
CONSENT of the minor to be
by hurried/orchestrated
taken away may be due to a
contracting of marriage, esp
promise of marriage
when the abductor knows

that the woman cannot give


When there was NO
consent legally to the
solicitation/cajolery and NO
marriage.
deceit and the girl
Intention to marry does not
VOLUNTARILY went w/ the
constitute lewd designs when
manno crime, even if they
both defendant & woman are
had sexual intercourse.
of age for consenting to
There is a COMPLEX crime of
marry
Consented Abduction w/
Where there are several
Rape
defendants, it is enough that
ONE of them had lewd
designs.
Husband cannot be liable
Crimes against
where
& the
REPUTATION of victim are IMMATERIAL
for Chastity
abduction
of hisAGE
wife,
1. Rapeelement of lewd designs
2. Acts lacking.
of Lasciviousness against the will or w/o the consent of the offended party;
There is a COMPLEX CRIME of
3. Qualified
Seduction of sister or descendant;
Forcible Abduction w/
4. Forcible
abduction
Rape, BUT there is NO
complex crime of Forcible
Abduction w/ Attempted Rape
(the attempt to rape is
ABSORBED by the abduction)
Rape may ABSORB forcible
abduction if the main
objective was to rape the
victim.
There is a crime of
Attempted Forcible
Abduction provided that the
lewd design can be proved.
Accused may be charged
SEPARATELY w/ Forcible
Abduction and Acts of
Lasciviousness.
Forcible Abduction
Kidnapping & Serious
illegal detention
w/ LEWD DESIGN
None
NO deprivation of
There is deprivation of
liberty
liberty for an
appreciable length of
time
Forcible Abduction
w/ lewd design

344 Prosecution of the Crimes of ADULTERY,


CONCUBINAGE, SEDUCTION, ABDUCTION,
RAPE & ACTS OF LASCIVIOUSNESS
1. Adultery, Concubinage must be prosecuted
upon the COMPLAINT signed by the OFFENDED
SPOUSE (and in the absence of an
express/implied pardon)
2. Seduction, Abduction, Acts of
Lasciviousness must be prosecuted upon a
COMPLAINT signed by (and in the absence of
an express pardon) OFFENDED PARTY
a) even if a minor, or
b) if of legal age & not incapacitated, only
she can file the complaint.
If minor/incap & refuses to file:
a) either of the parents
b) grandparents
c) guardians
d) the state as parens patriae when the
offended party dies or becomes incap &
had no relatives.

RA 8353: Rape is now a crime against


persons, w/c may be prosecuted de oficio
In adultery & concubinage, BOTH the
guilty parties must be charged
PARDON in adultery/concubinage must
come BEFORE the institutionof the criminal
action and BOTH offenders must be
pardoned
PARDON in seduction must also come
BEFORE the institution of the criminal action
PARDON by the offended part who is a
MINOR must have the concurrence of
parents, except when the offended party
has no parents
MARRIAGE of the offender w/ the offended
party in Seduction, Abduction & Acts of
Lasciviousness EXTINGUISHES criminal
action or REMITS the penalty imposed. And
it BENEFITS the co-principals, accomplices,
& accessories. In Rape, it extends ONLY to
the principal.

345 CIVIL LIABILITY of persons guilty of


CRIMES AGAINST CHASTITY
Persons guilty of Rape, Seduction, Abduction
shall also be sentenced:
1. To INDEMNIFY the offended woman;
2. To ACKNOWLEDGE the offspring
except:
a) In Adultery/Concubinage since
only a natural child may be
acknowledged;
b) Where either the offended party or
the accused is MARRIED;
c) When paternity CANNOT be
determined as in multiple rape;
d) Other instances where the law shld
prevent the offender from doing so;
3. In every case to SUPPORT the offspring.

346 Liability 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, Acts of Lasciviousness, Acts of
Lasciviousness w/ the Consent of the offended
party, Corruption of Minors, White Slave
trade:
1. Ascendants;
2. Guardians;
3. Curators, teachers, and
4. Any person who cooperates as accomplice
w/ ABUSE OF AUTHORITY OR CONFIDENTIAL
RELATIONSHIP

Persons who act as accomplices in crimes


against chastity (except
Adultery/Concubinage where there can be
NO accomplices/accessories), shall be
PUNISHED AS PRINCIPALS
In addition, TEACHERS, or persons
ENTRUSTED w/ the EDUCATION &
GUIDANCE of the youth are penalized w/
disqualification
Furthermore, all those falling w/in the terms
of this article shall be punished w/ special
disqual from the office of the guardian.