MODULE: Criminal Law: Book II

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Chapter XI
Crimes
Against
Chastity
At the end of this chapter the student should be able to:

 Understand the Specific crimes and their elements

 Recognize crimes against Chastity.

Adultery (Article 333)

The essence of adultery is the violation of the marital vow. The gist of the
crime is the danger of introducing spurious heirs into the family, where the right
of the real heirs may be impaired and a man may be charged with the
maintenance of a family not his own. (US v. Mata, 18 Phil. 490)

To convict a woman for adultery, the following elements must be proved:

(1) That the woman is married; (2) That she has sexual intercourse with a man
not her husband; (3) That as regards the man with whom she has sexual
intercourse, he must know her to be married.

Concubinage (Article 334)

Its elements are: (1) That the man is married; (2) That he is either – (a)
keeping a mistress in the conjugal dwelling; (b) having sexual intercourse under
scandalous circumstances with a woman who is not his wife; or (c) cohabiting

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MODULE: Criminal Law: Book II
with a woman who is not his wife in any other place; (3) That as regards the
woman, she knows that the man is married.

The husband is not guilty of the crime if he merely has carnal knowledge
with his paramour in hotels – even on different occasions.

Acts of lasciviousness (Article 336)

The elements of the crime are as follows: (1) That the offender commits
any act of lasciviousness or lewdness; (2) That the act of lasciviousness is
committed against a person of either sex; (3) That is done under any of the
following circumstances: (a) by using force or intimidation; (b) when the
offended party is deprived or reason of otherwise unconscious; or (c) by means
of fraudulent machination or grave abuse of authority; or (d) when the
offended party is under twelve years of age or is demented. (See People v.
Contreras, 338 SCRA 622)

The circumstances of committing rape are

applicable to the crime of acts of lasciviousness
where there is no intention to lie upon the
woman.

Embracing, kissing and holding a woman’s breast are acts of

lasciviousness. (See People v. Collado, 60 Phil. 610) But merely touching one’s
breast constitutes unjust vexation.

Acts of Lasciviousness with the Consent of the Offended Party (Article 339)

Its elements are: (1) That the offender commits acts of lasciviousness or
lewdness; (2) That the acts are committed upon a woman who is a virgin or
single or widow of good reputation, under eighteen years of age but over twelve
years, or a sister or descendant, regardless of her reputation or age; (3) That
the offender accomplishes the acts by abuse of authority, confidence,
relationships, or deceit.

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Qualified Seduction (Article 337)

The acts punished under Article 337 and their respective elements are as
follows:

1. Seduction of a virgin over twelve years and under eighteen years of age
by certain persons, such as a person in authority, priest, teacher:
a) That the offended party is a virgin, which is presumed if she
unmarried and of good reputation;
b) That she over twelve and under eighteen years of age;
c) That the offender has sexual intercourse with her;
d) That there is abuse of authority, confidence or relationship on the
part of the offender.
2. Seduction of a sister by her brother, or descendant by her ascendant,
regardless of her age or reputation:
a) That the offended party need not be a virgin or she may be over
eighteen years of age;
b) That the offender has sexual intercourse with her;
c) That the offender is her brother or ascendant by consanguinity,
whether legitimate or illegitimate.

Simple Seduction (Article 338)

The elements of the crime of simple seduction are: (1) That the offended
party is over twelve and under eighteen years of age; (2) That she is good
reputation, single or widow; (3) That the offender has sexual intercourse with
her; (4) That it is committed by means of deceit.

Virginity is not required under Article 338.

There is no deceit if “the promise to marry” is made after the sexual

intercourse.

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Corruption of Minors (Article 340)

The elements of the crime are: (1) That the offender promotes or facilities
the prostitution or corruption of persons under age; (2) That the purpose is to
satisfy the lust of another.

White Slave Tarde (Article 341)

The acts being punished under Article 341 are: (1) Engaging in the
business of prostitution; (2) Profiting by prostitution; (3) Enlisting the services
of women for the purpose of prostitution.
Forcible Abduction (Article 342)

Its elements are: (1) That the person abducted is any woman, regardless
of her age, status, or reputation; (2) That the abduction is against her will; (3)
That the abduction is with lewd designs.

If a man abducts a woman to marry the latter,

there is no lewd design; the crime may be
only illegal detention. (See People v.
Crisostomo, 46 Phil. 775)

Consented Abduction (Article 343)

The crime has the following elements: (1) That the offended party is a
virgin; (2) That she is over twelve and under eighteen years of age; (3) That the
offender takes her away with her consent, after solicitation or cajolery; (4) That
the taking away is with lewd designs.

Consented abduction and qualified seduction are

not identical offenses as would make applicable
the rule on double jeopardy. (See Perez v. CA, 168
SCRA 236)

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Reference:
The Revised Penal Code: Book II
Specific Crimes and Their Elements
Atty. Victor T. Tulalian

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