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CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL

2017
2017

CRIMES AGAINST CHASTITY

(333-346)

Art. 333- Adultery

de oficio (upon complaint of any person).

EACH

sexual

intercourse

constitutes a crime of Adultery.

Elements:

EFFECT

OF

ABANDONMENT

BY

OFFENDED

SPOUSE

WITHOUT

  • a) The woman is married;

JUSTIFICATION

  • b) That she had sexual intercourse with a man not her husband;

 

Not

exempting,

 

but

only

  • c) That the man with whom she

mitigating.

 

has sexual intercourse must know her to be married.

Example:

Note:

W

believed

in good

faith

that

 

her

H

died

at

sea.

She

had

a

In

Adultery

and

Concubinage

relationship

with

P

out

of

sheer

(AC) ONLY the offended

necessity. W is still liable for Adultery

spouse may initiate the case.

however it is mitigated. Both W & P

Unlike in Seduction, Abduction,

(defendants)

are

entitled

to

this

Rape, & Acts of Lasciviousness

mitigating circumstance.

 

(SARA), it may be filed by the 1) offended party, 2) her parents, 3) Grandparents, or 4)

guardians, successively. In AC, BOTH guilty parties must be impleaded in the complaint if both are alive.

 

The man must have carnal knowledge of the Married status of the woman. Otherwise he will not liable thereof.

Pursuant to the amendment of

EFFECT OF ACQUITTAL OF ONE OF THE DEFENDANTS

the provisions on Rape (335) by R.A 8353, RAPE is now

 

It

does

not

operate to

as

a

considered

a

crime

against

persons which may prosecuted

cause for acquittal of the other.

CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL 2017 CRIMES AGAINST CHASTITY (333-346) Art. 333- Adultery de oficio

CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL

2017
2017

EFFECT OF DEATH:

i. of the Paramour

Bars H from instituting criminal prosecution against W.

It will NOT bar the prosecution

Example:

against the unfaithful wife.

If there

is

an agreement to

separate

or

if

H

consented with the

EFFECT OF PARDON

Bars

institution of criminal

prosecution provided that the ff

conditions are present:

1.

Pardon

must

be

made BEFORE

institution of case.

  • 2. BOTH offenders (wife & paramour)

must be pardoned

  • 3. it must be made by the offended

party himself.

relations of W and P after serving

sentence for adultery.

Art. 334- Concubinage

Elements:

  • 1. the man must be married

  • 2. he committed any of the ff acts:

    • a) By keeping a mistress in the

conjugal dwelling; or

  • b) by having sexual intercourse,

under

scandalous

circumstances, with a woman

WHEN

IS

THERE

IMPLIED

not his wife; or

PARDON?

 
  • c) by cohabiting with her in any

 

If

the

offended party (H)

and

 

other place.

the

wife

had

sexual

intercourse

  • 3. woman

must

know

him

to

be

subsequent to the adulterous conduct.

married.

EFFECT OF CONSENT BY HUSBAND OF WIFE’S ADULTEROUS ACTS

Note:

Married man

is

NOT liable

for

concubinage for MERE SEXAUL

CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL 2017 EFFECT OF DEATH: i. of the Paramour Bars H

CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL

2017
2017

INTERCOURSE with a woman not his wife.

Note:

 

Presence

of

lewd

design

is

 

inferred from the nature of the

 

and

the

Art. 335- Rape (amended R.A.

acts themselves environmental

circumstance

8353) basahin mo na lang sa crimes against persons.

(manner, place, time)

 

Art. 336- Acts of Lasciviousness Elements:

Example (nature of act):

 

Mere

touching of

a woman’s

1. offender commits ANY act of

breast

is

considered

UNJUST

lasciviousness of lewdness;

VEXATION

only

when

the

offender

2. against ANY person SEX;

of EITHER

performed that acts wither to spite the girl or to force her to accept him as a lover.

3.

done

under

 

any

of

the

ff

circumstances:

 
 

a)

victim

was

deprived

of

Example

(environmental

reason

or

otherwise

circumstances):

unconscious;

 

M

embraced and kissed a girl

b)

by

means

of fraudulent

inside the CLASSROOM

or

in

a

machinations or grave abuse of authority;

CHURCH, it does not automatically constitute AOL.

c)

offended party is

under 12

Note:

y/o

 

Almost

same

elements

with

 

Rape, had there been sexual

Example:

intercourse, the

crime

would

Embracing, kissing and holding

hae been rape.

 

a girl’s breast is Acts of Lasciviousness

(AOL)

CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL 2017 INTERCOURSE with a woman not his wife. Note: 

CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL

2017
2017

Art. 339- AOL with the consent of the offended party.

Elements:

1. offender must commit AOL

2. acts committed upon a woman who is a VIRGIN, or SINGLE, or WIDOW of good reputation, under 18y/o but over 12 y/o, or a sister or descendant regardless of her reputation or age;

There two classes of QS:

  • I. Seduction of a VIRGIIN over 12 y/o & under 18 y/o by a person in public authority, priest, home-servant, domestic, guardian, teacher or any person entrusted with the education or custody of the woman seduced.

3. offender accomplishes the acts by the abuse of confidence, authority,

Elements First class:

 

relationship, or deceit (CARD).

1.

offended party is a VIRGIN

 

2.

she must be over 12 but under

Example (quiz):

 

18 y/o

 

T

the

teacher

of

S,

16y/o

3.

offender had sexual intercourse

graduating student, visited S

in

her

with her

 

home when the latter was preparing for her graduation. They kissed and

4.

there is

abuse of

CAR on

the

touched each private

parts

being

part of offender. (Deceit is not an

sweethearts.

 

element in QS)

 

Note:

Same with AOL under Art. 336, however in Art 339 the acts committed would amount to Qualified Seduction (Art. 337) or Simple Seduction (Art. 3380.

Art. 337- Qualified Seduction

Example (quiz):

T is the teacher of S, a 15y/o third year high school student and a virgin. She became the girlfriend of T when she was in her fourth year and was no longer the student of S. At the age of 16, T had sex with S with her consent.

CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL 2017 Art. 339- AOL with the consent of the offended
 

CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL

2017
2017
 

Note:

 

Example:

 

VIRGINITY of

a woman

is

an

T promised S that he will marry

 

essential element

 

is Qualified

her if he would have sex with him.

Seduction

and

Consented

Abduction.

 

Art 342- Forcible Abduction

 

Elements:

 
 

II.

Seduction

of

a SISTER

by

 

her

brother,

or

of

a

1.

person

abducted

is

a

woman,

descendant

 

by

her

regardless

of

age,

civil

status,

or

ascendant, regardless of her

reputation;

 

age or reputation.

 

2.

abduction is against her will;

 

Art. 338- Simple Seduction

 

3.

abduction is with lewd designs.

 

Note:

 

Elements:

 
 

Virginity of a woman is not an

1. offended

party is

over

12y/o but

 

essential element.

under

18y/o,

of

good

reputation,

 

Age and reputation of a woman

single or a widow;

 

is immaterial.

2.

offender

had

sexual

intercourse

 

FA may be committed against a

with her

3. by means of deceit.

 

married woman the provision says “Any woman ” ..

 

Sexual

intercourse

is

not

Note:

 

necessary in FA, mere intent to

 

Unlike in Qualified Seduction,

 

seduce a girl is sufficient

 
 

Virginity is not required Simple Seduction.

in

Art. 343- Consented Abduction

 

Deceit consists

an

unfulfilled

 
 

promise of material things

 

Elements:

 
 

1.

offended party must be a virgin;

 
CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL 2017 Note: Example:  VIRGINITY of a woman is an
 

CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL

2017
2017

2.

she

must be

over

12

and under

18y/o;

 

3.

the

taking away

of the offended

 

party must be with her consent after

solicitation

or

cajolery

from

the

offender;

 

4. taking away of the offended party must be with lewd designs.

Example (Quiz):

 

T

and

S,

15y/o, were

in

the

latter’s house when T asked S to go to

the

movies

for

her

parents

might

come. Inside the movie house, 100m

away from

her

house, they

kissed

each

other,

touching

their

private

parts.

 
CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL 2017 2. she must be over 12 and under 18y/o;