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u.

ELEMENTS OF FORCIBLE ABDUCTION AND CONSENTED ABDUCTION

ELEMENTS OF FORCIBLE ABDUCTION: (342)


1. That the person abducted is any woman, regardless of her age, civil status, or reputation.
2. That the abduction is against her will.
3. That the abduction is with lewd designs.

Note: Sexual intercourse is NOT necessary


Crimes against chastity where age and reputation of victim are immaterial: rape, acts of
lasciviousness, qualified seduction of sister/descendant, forcible abduction.

ELEMENTS OF CONSENTED ABDUCTION: (343)


1. That the offended party must be a virgin.
2. That she must be over 12 and under 18 years of age.
3. That the taking away of the offended party must be with her consent, after solicitation or
cajolery from the offender.
4. That the taking away of the offended party must be with lewd designs.

v. ELEMENTS OF LIBEL (353)

1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or


any act, omission, condition, status, or circumstances.
2. That the imputation must be made publicly.
3. That it must be malicious.
4. That the imputation must be directed at a natural or juridical person, or one who is dead.
5. That the imputation must tend to cause the dishonor, discredit or contempt of the
person defamed.

w. 7 INSTANCES IN CRIMINAL CASES WHEREIN THE ACCUSED CAN APPLY FOR AND/OR BE
GRANTED A SUSPENDED SENTENCE

1. Suspension of sentence of minor under P.D. 603 as amended by R.A. 9344


2. Suspension of sentence of minor above 15 but below 18 years of age at the time of trial
under R.A. 9344
3. Suspension of sentence of minor above 15 but below 18 years of age at the commission
of the offense, while acting with discernment
4. Suspension of sentence by reason of insanity (Art. 79 RPC)
5. Suspension of sentence for first offense of a minor violating RJV 9165 (Sec. 32)
6. Suspension of sentence under the Probation Law (P.D. 968)
7. Suspension of death sentence of a pregnant woman (Art. 83 RPC)

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