Crim law II Reviewer Indira Prabhaker

CHAPTER 2
BRIGANDAGE

Art. 306
1. Crime committed by more than three armed persons who form a band of robbers for the purpose
of committing robbery in the highway or kidnapping persons for the purpose of extortion or to obtain
ransom, or for any other purpose to be attained by means of force and violence

2. There is brigandage when

A. At least 4 armed persons
B. Formed a band of robbers
C. Purposes;
i. Commit robbery in the highway
ii. Kidnap persons for the purpose of extortion/obtain ransom
iii. Attain by means of force and violence any other purposes

 All are presumed highway robbers or brigands, if any of them carries unlicensed firearms
 Arms carried maybe any deadly weapons

3. Only things to prove

i. There is an organization of more than three armed men
ii. Purpose is any of those enumerated
iii. They went upon the highway/roamed upon the country for that purpose

4. Highway, streets within, as well as roads outside the cities are covered by the word highway.

5. Brigandage V. robbery in band

Brigandage Robbery in band
In the highway Not necessarily In the highway
Mere formation is sufficient Agreement among more than 3 armed men was
to commit a particular robbery not brigandage
Necessary to prove that the band actually
committed robbery
 Similarities
Both require that offenders form a band of robbers

Art. 307
1. Aiding and abetting a band of brigands - any person knowingly and in any manner aiding. Abetting,
or protecting a band of brigands, giving them information of the movements of the police/ other
peace officers of the government or the forces of the united states army when acting in aid of the
government, or acquiring or receiving the property taken by such brigands.

2. Elements
i. There is a band of brigands
ii. Offender knows the band to be of brigands
iii. Offender does any of the ff;
a. Aids, abets or protects
b. Gives them information of the movement of the police….
c. Acquires or receives the property

3. Highway robbery, seizure of any person for ransom, extortion/other unlawful purposes, or the
taking awway of the property of another by means of violence against intimidation of person or force
upon things or other unlawful means, comitted by any person on the philippine highway

4. Philippine highway, any road, street, passage, highway & bridges or other parts thereof, or
railway/railroad w/in the Philippines used by person, or vehicles, or locomotives, or trains for the
movement or circulation of persons or transportation of goods, articles or property or both

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 Offender in this article shall be considered as an accomplice

CHAPTER 3
THEFT

Art.308
1. Theft, any person who, with intent to gain but without violence against/intimidation of persons nor
force upon things, shall take personal property of another without the latter’s consent.
 Finding lost property, and failing to return it to the authorities/ owner
 After maliciously damaging the property of another, then remove or makes use of the fruits or
object of the damage caused by him
 Entering into a enclosed estate or a field here trespass is forbidden/ or which belongs to another
w/o consent of the owner, shall hunt/fish, or shall gather fruits, cereals, or other forest/farm
products

2. Elements;
i. Taking of personal property
ii. Property belongs to another
iii. Done with intent to gain
iv. Done without the consent of the owner
v. Taking accomplished without the use of violence against or intimidation of person or force upon
things

3. Theft V. Robbery
In theft there is no use of violence, force or intimidation

4. When is taking complete so that theft is consummated?

Only when the offender is able to place the thing taken under his control & in such a situation ash
could dispose of it at once.

 There is no crime of frusrated theft

 The offender must have the intention of making himself the owner of the thing taken
 There is taking even if the offender recieved it from the offended party
 If there is no taking of personal property there is no theft

5. Personal property, includes e;ectricity & gas because electricity, the same as gas is a valuable article
of merchandise bought and sold like personal property and is capable of appropriation by another

 Property has to belong to another

 Selling the share of a partner or joint owner is not theft
 Joy ride or using car of anoher to learn how to drive is sufficient gaint

6. Is there intent to gain when the employee took the papers of his employer & delivered them to the
government investigators as an act of revenge?
By the word gain is meant not only the acquisition of a thing useful to the purpose of life but also
the benefit which in any other use may be derived or expected from the act which is performed.

 Actual or real gain not necessary in theft

 Offender is liable for the theft of whole car taken to another place, even if tires are only taken
away

Art. 310
QUALIFIED THEFT

1. If committed by a domestic servant, or with grave abuse of confidence, or if the property stolen is

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motor vehicle, mail matter or large cattle or consists of coconuts taken from the premises of a
plantation, fish taken from a fish pond or fishery, or if property is taken on occasion of fire,
earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance.

 Theft by truck driver or by shepard or by one who had access to the place where the stolen
property is kept is qualified theft

2. Theft of motor vehicle, including all vehicles propelled by power, other than muscular power

 Purpose of taking the car is to destroy by burning it the crime is arson

 Car napping is a non bailable

3. Cattle, including horses, asses, mules, sheep, goats and swime

4. Large cattle, cow, carrabao, horse, mule, ass or other domesticaed member of the bovine family

 FENCING

1. The act of any person who, with intent to gain for himself or for another shall buy, receive, posses,
keep, acquire, conceal, sell or dispose of, or shall buy & sell or in anny other manner deal in any
article, item, object or anything of value which he knows or should be known to him to have been
derved from the proceeds of the crime of theft.
Fence includes any person, firm, association, corporation/partnership/other organization who/which
commits the act of fencing.

2. Elements
i. Crime of robbery/theft has been committed
ii. Accused who is not principal or accomplice in the commission of the crime of robbery or theft,
buys, receives, posses, keeps, acquires, conceals, sells or dispose, or buys and sells
iii. Accused knows or should have known that the said article, item has been derived fom the proceed
of the crim
iv. Accused has intent to gain for himself or another

CHAPTER 4
USURPATION

1. What are the crimes under usurpation?

i. Occupation of real property/usurpation of real rights
ii. Altering boundaries/landmarks

2. Any person who by means of violence against/intimidation of persons, shall take possession of any
real property or shall usurp any real rights in property belonging to another

3. Distinguished from theft or robbery

a. While there is taking or asportation in theft or robbery, there is occupation or usurpation in this
crime
b. In theft or robbery, personal property is taken; in this crime, there is real prperty or real right
involved
c. In both crimes, there is intent to gain

4. Alter, any alteration of boundary marks is enough to constitute the material elemetn of the crime.
Destruction of a stone monument, or taking it to another place, or removing a fence is altering.

CHAPTER 5
CULPABLE INSOLVENCY

Art. 314

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1. Fraudulent insolvency, any person who shall abscond with his property to the prejudice of his
creditors.

2. Elements
i. Offender is a debtor; that is, he has obligatuons due & payable
ii. He absconds with his property
iii. There be prejudice to his creditors

 Actual prejudice, not intention alone, is required

CHAPTER 6
SWINDLING AND OTHER DECEITS

Art. 315
1. Swindling (estafa), any person who shall defraud another by unfaithfulness or abuse of condifence
 By altering the substance, quantity, or quality of anything of value
 By misappropriating or converting to the prejudice of another, money, goods or any other
personal property received by the offender in trust
 Taking undue advantage of the siganture of the offended party
 Using a fictitious name, or falsely pretending to possess power, influence, qualifications,
property
 By altering the quality, fineness, or weight of anything pertaining to his art or business
 By pretending to have bribed any government employee, without prejudice to the action for
calumny, which the offended party may deem proper to bring against offender
 By postdating a check, or issuing a check in payment of an obligation when the offender had no
fund in the bank
 By obtaining any food, refreshment or accomodation at a hotel, inn, restaurant, boarding house,
lodging house, or appartment house
 By including another by means of deceit to sign any document
 By resorting to some fraudulent practice to insure success in a gambling game
 By removing, concealing, or destroying, in whole or in part, any court record, office files,
document, or any othe paper

2. Elements
i. The accused defraud another a. by abuse of confidence or b. by means of deceit
ii. Damage or prejudice capable of pecuniary estimation is caused to the offended party or third
persson

3. Juridical possession, a possession which gives the tranferee a right over the thing which the
tranferee may set up even against the owner

 No estafa when the money or other personal property received by accused is not to be used for
a particular purpose or to be returned

4. Conversion, presupposes that te thing has been devored to a purpose or use different from that
agreed upon

Art. 316
1. Other formss of swindling
 Any person who pretending to be the owner of any real property shall comvey sell encumber or
mortagage the same
 Any person who knowing that real property is encumbered shall dispose of the same although
such encumbarance be not recorded
 Owner of any personal property who shall wrongfully take it from its lawful possessor to the
prejudice of the latter or any third person
 Any person who to the prejudice of another shall execute any fictitious contract
 Any person who shall accept any compensation given him under the belief that it was In

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payment of services rendered or labor performed by him

Art. 317
1. Swindling a minor, any person who, taking advantage of the inexprience or emotions or feelings of
a minor to his detriment, shall induce him to assume any obligation or give any release or execute a
tranfer of any property right in consideration of some load of money, credit or other presonal
property whether the loan clearly appears in the document or is shown in any other form

2. Elements
i. Offender takes advantage of the inexperience or emotions or feelings of a minot
ii. He induces such minor to assume an obligation or to give release or to execute a transfer of any
property right
iii. That the considerating is some loan of money, credit, or other personal property
iv. Transaction is to detriment of such minor

3. Example
The act of causing a minor to sign the receipt of P480 when as amatter of fact the minor received only
P400 only, coupled with the circumstances that the minor was a fugitive from the house of his parents
and was very badly in need of money was sufficient to constitute estafa.
 Actual proof od deceit or misrepresentation is not essential
 Real property not included becaus it cant be made to disappear since a minor cant convey real
property without judicial authority
 Must be under 21 years of age

Art. 318
1. Other deceits, defraud or damage another by any other deceit not mentioned in the preceing
articles of this chapter
Anyperson who for profit ot gain shall interpret dreams, make forecasts, tell fortunes, or take
advantage of the creduality of the public in any other similar mannaer.

CHAPTER 7
CHATTEL MORTGAGE

Art. 319
1. Removal, sale or pledge of mortgaged property. Any person who shall knowingly remove an
personal property mortgaged under the chattel mortgage law to any province or city other than the
one in which it was located at the time of the execution of the mortgagee or his executos,
administratos or assigns
Any mortgagor who shall sell or pledge personal property already pledged, or any part thereof, under
the terms of the chattle mortgage law without the consent of the mortgagee written on the back of
the mortgage and noted on the record thereoof in the office of the register of deeds of the province
where such property is located

2. Elements para 1
i. Personal property mortgaged under chattel mortgage law
ii. Offender knows such mortgage
iii. He removed personal property to any province or city other than the one in which it was lovated at
the time of the execution of mortgage
iv. Removal Is permanent
v. No written consent of mortgagee, executors, administrators, or assigns to such removal

3. Element para 2
i. Personal property pledged under the chattel mortgage law
ii. Offender, who is the mortgagor, sells or pledges the same property or any part thereof
iii. No consent of mortgagee written at the back of the mortgage and noted on the record thereof in

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the office of the register of deeds

 Damage to the mortgagee not essential

CHAPTER 7
ARSON AND OTHER CRIMES INVOLVING DESTRUCTION

1. Arson, when any person burns or sets fire to the property of another, or his own property under
the circumstance of wich expose to danger the life or propety of anothe
2. Kinds of arson
i. Arson
ii. Destructive arson
 Burning of;
a. Any ammunition facotry and other establishment where explosives or combustible materials are
store
b. Any archive, museum, whether public/private, or any devoted to culture, education or social
service
c. Any train, airplane or any aircraft, vessel of watercraft, or conveyance for transportation of persons
or propety
d. Any church or place of worship or other building where people usually assemble
e. Any building where evidence is kept for use in any legislative, judicial, administrative or other
official proceeding
f. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private
market, theater or movie house or any similar place or building
g. Any building whether used as a dwelling or not, situated in a populated or congested area
iii. Other cases of arson;
 Burning of
a. Any building used as offices of the government or any of its agencies
b. Any inhabited house or dwelling
c. Any industrial establishment, shipyard, oil, well or mine shaft, platform or tunnel
d. Any plantation farm, pasture land, growing crop or grain field, orchard, bamboo grove or forest
e. Any rice mill, sugar mill, cane mill, or mill central
f. Any railway or bus station, airport, wharf, or warehouse.

3. Special aggravating circumstances in arson

I. If committed with inten to gain
II. If committed for the benefit of another
III. If the offender be motivated by spite or hatred towards the owner or occupant of the property
burned
IV. If committed by a syndicate
 Offense if committed by a syndicate if it is planned or carried out by a group of three or more
persons.
 If a part of the building commences to burn, the crime is consummated arson, however small is
the portion burned
 When there is fire, the crime committed is either frusrated or consummated arson, never
attempted
 Mere conspiracy to commit arson is punishable
 No complext crim of arson with homicide

CHAPTER 9
MALICIOUS MISCHIEF

1. Malicious mischief, the willful damaging of another’s property for the sake of causing damage due

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to hate, revenge or other evil motive.

2. What are crimes classifief as malicious mischief?

 Special case of malicious mischief
 Other mischiefs
 Damage & obstruction to means of communication
 Destroying/damaging statues, public monuments/paintings.

Art. 327

1. Who are liable for malicious mischief,any person deliberately cause to the property of another any
damage.

2. Elements of malicious mischief

I. Offender deliberately caused damage to the property of another
Ii. Such does not constitute arson or other crimes involving destruction
Iii. The act of damaging another’s property be committed merely for the sake of damaging it

 Bumping the care of another due to anger and hate is malicious mischief
 Killing the cow of another as act of revenge is malicious mischief is it malicious mischief
 Is it malicious mischief if the acr oof damaging another’s property was inspired, mere pleasure of
destroying? Yes.
 If no malice only civil liability
 Meaning of damage in malicious mischief
Not only loss but also diminution of what is a man’s the fruits or objects of the damage, it is theft.

Art. 328
Special cases of malicious mischief, any person who shall cause damage to obstruct the performance
of public functions, or using any poisonous or corrosive substance; or spreading any infection or
contagion among cattle; or who causes damage to the property of the national museum or national
library or to any archive or registry, waterworks, road, promenade, or any other thing used in
common by the public
 Causing damage to or obstructinf the performance of public functions
 Using poisonous or corrosive substances
 Spreading any infection or contagion among cattle
 Causing damage to the property of the national museum or national library, or to any archive or
registry, waterworks, road, promenade, or any other thing used in common by the public

Art.329
SPECIAL CASES OF MALCIOUS MISCHIEF (QUALIFIED)
1. Causing damage to or obstructing the performance of public functions
2. Using poisonous or corrosive substances
3. Spreading any infection or contagion among cattle
4. Causing damage to the property of the national museum or national library or to any archive or
registry, waterworks, road, promenade, or any other thing used in common by the public

Art. 330
DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION

1. Person liable
 Any person who shall damage any railway, telegraph or telephone lines.

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 Offense is qualified if results to derailment, collision or other accident

CHAPTER 10
EXEMPTION OF CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY

Art. 332
1. Persons exempt from criminal liability - no criminal, but only civil liability shall result from the
commission of the crime of theft, swindling, or malicious mischief committed or caused by
A. Spouses, ascendants & descendants or relatives by affinity in the same line
B. The widowed spouse with respect to the property wich belonged to the deceased spouse before
the same shall have passed into the possession of another
C. Brother and sisters and brothers-in-law and sisters in law, if living together

2. Crimes involved in the exemption

I. Theft
II. Swindling
III. Estafa

 Step father, adopted father, natural children, concubine, paramour, included

TITLE 11
CRIMES AGAINST CHASTITY

 Referred to as private crimes/ crimes which cannot be prosecuted

 Corruption of minors and white slave trade can be prosecuted

1. What are crimes against chastity

They are:
A. Aultery
B. Concubinage
C. Acts of lasciviousness
D. Qualified seduction
E. Simple seduction
F. Acts of lasciviousness with the consent of the offended party
G. Corruption of minors
H. White slave trade
I. Forciible abduction
J. Consented abduction

CHAPTER 1
ADULTERY & CONCUBINAGE

1. Adultery, committed by any married woman who shall have sexual intercourse with a man not her
husband & by the man who has carnal knowledge of her, knowing her to be married, even if the
marriage be subsequently declared void.

2. Element of adultery
A. Woman is married
B. She has sexual intercourse with a man not her husband
C. As regards the man with whom she has sexual intercourse with, he must know her to be married.

 Even if the marriage be subsequently declared void

 Carnal knowledge may be proved circumstantial evidence
Several love letters, their having been together in different places
 Abadonment without justification is not exempting but only mitigating
 Both are entitled to this mitigating circumstances
 Effect of consent

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Husband, knowing that his wife after serving sentence for adultery, resumed living with her co-
defendant, did nothing to interfere with their relations or to assert his rights.
 Agreement to separate
Agreement is void in law, it is nevertheless, competent evidence to explain the husband’s inaction
after he knew of his wiffe’s living with her co-accused.

Art. 334

1. Concubinage, any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual
intercourse, under scandallous circumstances, with a woman who is not his wife, or shall cohabit with
her in any other place.

2. Three ways of committing the crime of concubinage

a. Keeping a mistress in the conjugal dwelling
b. Having sexual intercourse, under scandalous circumstances, with a woman who is not his wife
c. Cohabiting with her in any other place

3. Elements
A. Man must be married
B. He committed any of the following acts;
I. Keeping a mistress in the conjugal dwelling
II. Having sexual intercourse under scandalous circumstances w/ a woman who is not his wife
III. Cohabiting with her in any other place
C. Regards the woman, she must know him to be married

4. Conjugal dwelling, home of the husband and wife even if the wife happens to be temporarily
absent on any account.

5. Cohabit, dwell together, in the manner of husband and wife, for some period of time, as
distinguished from occasional, transient interviews for unlawful intercourse.

6. Adultery is more severely punished than concubinage

Adultery makes possible the introduction of another man’s blood into the family so that the
offended husband may have another man’s son bearing his name & receiving support from him.

CHAPTER 2
RAPE & ACTS OF LASCIVIOUSNESS

Art.335
1. When & how rape is committed - rape is committed by having carnal knowledge of a woman,
A. Using force or intimidation
B. When the woman is deprive of reason or otherwise unconscious
C. Woman is under twelve years of age or is demented

Art. 336
ACT OF LASCIVIOUSNESS

1. Elements
A. Offender commits any act of lasciviousness of lewdness
B. Act of lasciviousness is committed against a person of either sex
C. Is done under any of the following circumstances;
Using force or intimidation
When the woman is deprive of reason or otherwise unconscious
Woman is under twelve years of age or is demented

2. Attempted Rape V. Acts of lasciviousness

Attempted Rape Acts of lasciviousness

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Acts performed by There is no intent to

offender clearly have sexual
indicate that his intercourse
purpose was to lie
with the offended
woman, it is
attempted or
frusrated rape
The lascivious acts The lascivious acts are
are but the the final objective are
preparatory acts to the final objective
the commission of sought by the offender
rape
Manner of
comission is the
same
Performance of
lascivious
character is
common to both

3. Lewd, obscene, lustful, indecent, lecherous. It signifies the form of immorality which has relation to
moral impurity; or that which is carried on wanton.

 Ceompelling a girl to dance naked infront of a group of men is an act of lasciviousness

 Embracing, kissing and holding a girl’s breast is act of lasciviousness

4. Cases where touching the breast of woman is considered unjust vexation

 The accused inside a catholic church and after the service had begun, approached a girl from
behind and forcibly embraced and kissed her on the left cheek and at the same time fondled her
breast.
Held: Unjust Vixation “religious atmosphere & the presence of many people”
 The accused in the store of the offended girl, kissed her in public view and touced her breast
Held: Unjust Vixation
 Man embraces & kisses a woman 3 times and intentionally fondles her breast at the same time
in a theater where ther lights were out and the people’s attention was naturally concentrated on
the picture.
Held: Acts of lasciviousness

5. Abuses against chatity V. offenses against chatity

Abuses against chatity offenses against
chatity
Committed by a public Offender is a private
officer individual
Mere immoral or Necessary that some
indicent proposal made actual act of
earnestly and lasciviousness should
persistently is sufficient have been executed by
the offender

6. Distinguished from attempted rape

 Manner of committing is the same
 Differences are;
 Acts performed by the offender clearly indicates that his purpose was to lie with the offended
woman it is attempted or frusrated rape

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 Lascivious acts are themselves the final objective sought by the offender but in attempted rape it
is the preperatory acts

7. Circumstances indicating intention to lie with the offended

 Slipping pants down
 Tearing the drawers of the girl
 Kissing her fondling her breast
 Abundantly show his want to have intercourse by force

CHAPTER 3
SEDUCTION, CORRUPTION OF MINORS, AND WHITE SLAVE TRADE

1. Seduction means enticing a woman to unlawful sexual intercourse by promise of marrriage or other
means of persuasion without use of force

2. Two kinds of seduction

I. Qualified
II. Simple

Art. 337
QUALIFIED SEDUCTION

1. Seduction of a virgin over 12 years and under 18 of age committed by any person in public
authority, priest, house servant, domestic, guardian, teacher, or any person who in capacity shall be
entrusted with the education or custody of the woman seduce

2. Two classes of qualified seduction

I. Seduction of a virgin over 12 and under 18 of age by certain persons
II. Seduction of a sister by her brother, descendant by her ascendant regardless of her age or
reputation

3. Elements
A. Offended party is a virgin, which is persumed is she is unmarried and of good repute
B. She must be over 12 years and under 18
C. Offender has sexual intercourse with her
D. Abuse of authority, confidence or relationship on the part of the offender

 There must be intercourse

 Deceit is not an elemt

4. Domestic, person usually living under the same roof, pertaining to the same house

Art. 338
SIMPLE SEDUCTION

1. Seduction of a woman who is single or a widow of good reputation, over twleve but under
eighteem years of age, committed by means of deceit

2. Elements
I. Offended party is over 12 and under 18
II. Must be of good repute, single or widow
III. Offender has sexual intercourse with her
IV. Committed by means of deceit

3. Example
The accused went to the house of his fiance, her parents then being absent, and availing himself of
that oppertunity with a renewals of his promise to make her his wife, he succeeded in having sexual

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intercourse with her

Held: Simple seduction. Deceit - usual form of which being an unfulfiled promise of marriage (imp.,
element)

 Virginity not required

 There must be sexual intercourse

Art. 339
ACT OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY

1. Elemetns
A. Offender commits act of lasciviousness or lewdness
B. Acts are committed upon a woman who is a virgin or single or widow of good reputation, under 18
years of age but over 12 years or a sister or descendant regardless of her reoutation or age
C. Offender accompliches the acts by abuse of authority, confidence relationship or deceit

 Male cannot be the offended party in this crim

Art. 340
CORRUPTION OF MINORS

1. Any person who shall promote or facilitate the prostitution or corrpution of persons under age to
satisfy the lust of another

 She or he must be of good reputation, not a prostitute or corrupted person

Art. 341
WHITE SLAVE TRADE

1. Person who, in any manner or under any pretext shall engage in the business or shall profit by
prostitution or shall enlish the services of women for the purposes of prostitution

2. Acts penalized
A. Engaging in the business of prostitution
B. Profiting by prostitution
C. Enlising the services of women for the purposes of prostitution

CHAPTER 4
ABDUCTION

1. Taking away of a woman from her house or the place where she may be for the purposes of
carrying her to another place with intent to marry or corrupt her

2. Two kinds of abduction

A. Forcible abduction
B. Consented abduction

Art. 342
FORCIBLE ABDUCTION
1. Abduction of any woman against her will and with lewd designs

2. Elements
I. Person abducted is any woman, regardless of her age, civil status or reputation
II. Abduction is against her will
III. Abduction is with lewd designs

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3. Crimes against chastity where age and reputation of victims are immaterial
I. Rape
II. Acts of lasciviousness against the will or without consent of the offended party
III. Qualified seduction of sister or descendant
IV. Forcible abduction

 If the female abducted is under 12 years of age the crime is forcible abduction, even if she
voluntarily foes with her abductor
 Sexual intercourse not necessary in forcible abuduction
 Husband not liable for abduction of wife

4. Forcible abduction v. grave coercion

Both crimes there is violence or intimidation used by the offender and the offended party is
compelled to do something against her will

5. Forcible abduction v. corruption of minors

Where a 13 year old girl was abducted by the accused without lews designs on hs part but for the
purposes of lending her to illicit intercourse with other
Held: not abduction but corruption of minors

6. Forcible abduction with rape V. Kidnapping

A, B, C and other grabbed a girl 15 y/o and then dragged her to a nearby forest. There she was
brutally ravished, first by A and afterwards by B

Held; forcible abduction with rave

Art. 343
CONSENTED ABDUCTION

1. Abduction of a virgin over 12 years and under 18, carried out with her consent and with lewd
designs

2. Elemetns
A. Offended party must be a virgin
B. She must be over 12 and under 18
C. Taking away of the offended party must be with her consent, after solicitation or cajolery from the
offender
D. Taking away of the offended must be with lewd designs.

3. Virginity
 Accussed has sexual intercourse with the girl before they eloped, there is still a case of abduction
with consent
 But when the offended party had carnal knowledge wit other men, the chaste character of the
girl is open to question

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