TITLE ELEVEN CRIMES

AGAINST CHASTITY

CHAPTER ONE ADULTERY AND CONCUBINAGE

ART.333
WHO ARE GUILTY OF ADULTERY

*Persons Liable:
1. Married woman who has sexual relations with a man not her husband
2. The man who has carnal knowledge of her, knowing her to be married, even if the
marriage be subsequently declared void

*Elements:
1. The woman is married
2. She has sexual relations with a man not her husband
3. With respect to the man, he knew her to be married

NOTES

*The acquittal of one party does not operate as acquittal for the other

ART.334
CONCUBINAGE

*Modes of Commission:
1. Keeping a mistress in the conjugal dwelling
2. Having sexual relations, under scandalous circumstances, with a woman who is
not the man’s wife
3. Cohabiting with her in any other place

*Elements:
1. The man is married
2. He committed any of the 3 punishable acts
3. With respect to the woman, she must know him to be married

CHAPTER TWO
RAPE AND ACTS OF LASCIVIOUSNESS

*NB: Art.335 on Rape was repealed by Republic Act 8353

ART.336
HIRYU KIMIKO OKUBO

ACTS OF LASCIVIOUSNESS

*Elements:
1. The offender commits any act of lasciviousness or lewdness
2. The act is committed against a person of either sex
3. The act is committed under any of the following circumstances:
a. Using force or intimidation
b. The offended party is deprived of reason or is unconscious
c. By means of fraudulent machination or grave abuse of authority
d. The offended party is under 12 years old or demented
 CHAPTER THREE
SEDUCTION, CORRUPTION OF MINORS, AND
WHITE SLAVE TRADE

*Seduction: Enticing a woman to unlawful sexual intercourse by promise of marriage or

other means of persuasion without the use of force

ART.337
QUALIFIED SEDUCTION

*2 classes:
1. Seduction of a virgin over 12 and under 18 by certain persons (i.e.: person in
authority, etc.)
2. Seduction of a sister by her brother, or descendant by her ascendant regardless
or her age or reputation

*Elements of seduction of virgin

1. The offended party is a virgin, which is presumed if she is unmarried and of good
reputation
2. She is over 12, but under 18
3. The offender has sexual intercourse with her
4. The offender employs abuse of authority, confidence or relationship

*Persons Liable:
1. Those who abused their authority
a. Person in public authority
b. Guardian
c. Teacher
d. Person entrusted with the education or custody of the seduced girl
2. Those who abused confidence
a. Priest
b. House servant
c. Domestic
3. Those who abused relationship
a. Brother who seduced his sister
b. Ascendant who seduced his descendant

ART.338
SIMPLE SEDUCTION

*Elements:
1. The offender party is over 12 years old, but under 18
2. She is of good reputation, single or a widow
3. The offender has sexual intercourse with her
4. The act is done by means of deceit
ART.339
ACTS OF LASCIVIOUSNESS WITH
THE CONSENT OF THE OFFENDED PARTY
*Elements:

1. The offender commits acts of lasciviousness or lewdness

2. The acts are committed upon a woman who is a virgin, single or widow of good
reputation, under 18 but over 12 years old; or a sister or descendant
3. The offender accomplishes the acts by abuse of authority, confidence, relationship or
deceit

ART.340
CORRUPTION OF MINORS

*The promotion or facilitation of prostitution or corruption of persons under age to satisfy

the lust of another

ART.341
WHITE SLAVE TRADE

*Punishable Acts:
1. Engaging in the business of prostitution
2. Profiting by prostitution
3. Enlisting the services of women for the purpose of prostitution

CHAPTER FOUR
ABDUCTION

*Abduction: The taking away of a woman from her house or place where she may be for
the purpose of carrying her to another place with intent to marry or corrupt her

ART.342
FORCIBLE ABDUCTION

*Elements:
1. The person abducted is any woman, regardless of age, civil status, or reputation
2. The abduction is against her will
3. The abduction is carried out with lewd designs

ART.343
HIRYU KIMIKO OKUBO

CONSENTED ABDUCTION

*Elements:
1. The offended party must be a virgin
2. She must be over 12 years old, but under 18
3. The taking away must be with her consent, after solicitation or cajolery from the
offender
4. The taking away must be with lewd designs
ART.344
PROSECUTION OF THE CRIMES OF
ADULTERY, CONCUBINAGE, SEDUCTION,
ABDUCTION AND ACTS OF LASCIVIOUSNESS
*Art.344 no longer covers the prosecution of Rape, as per RA 8353. Rape may now be
prosecuted ex officio

*Order of preference for filing the complaint in the above mentioned crimes:
1. The offended party
2. Parents
3. Grandparents
4. Guardians
*parents, grandparents and guardians may file if the party is a minor or is
incapacitated

*RE: ADULTERY AND CONCUBINAGE – Prosecution shall be upon a complaint filed by the
offended spouse. The offended party cannot institute criminal prosecution without
including both the guilty parties, if they are both alive, or in any case, if he shall have
consented or pardoned the offenders

*RE: SEDUCTION AND ABDUCTION – Prosecution shall be upon a complaint filed by the
offended party or her parents, grandparents, or guardian. No prosecution if the offender
has been expressly pardoned by the above‐named person

*RE: SEDUCTION, ABDUCTION, ACTS OF LASCIVIOUSNESS – The marriage of the

offender with the offended party shall extinguish the criminal action or remit the penalty
already imposed upon him

*The complaint must be –

1. Subscribed to by the offended party and
2. Filed in court, not with the fiscal

*Silence or acquiescence of the offended party does not cure the defect of lack of
subscription nor operate to confer jurisdiction of the court

*Pardon must come BEFORE the institution of criminal action and BOTH offenders must be
pardoned

*Prior consent bars the institution of criminal proceedings, subsequent consent bars it too

*Condonation is NOT synonymous with pardon; Condonation does not bar subsequent
complaints
HIRYU KIMIKO OKUBO

*Only the offended party may pardon, except in cases where the offended minor is
dead or incapacitated

*Marriage of the parties guilty of adultery/concubinage does not extinguish criminal

liability because both parties are offenders

ART.345
CIVIL LIABILITY OF PERSONS
GUILTY OF CRIMES AGAINST CHASTITY
 1. To indemnify the offended woman
2. To acknowledge the offspring, unless the law should prevent him from doing so
3. In every case, to support the offspring

*The adulterer and the concubine can be sentenced to indemnify the offended spouse for
damages

*There is no civil liability for acts of lasciviousness

*In multiple rape, all the accused must support the offspring

ART.346
LIABILITY OF ASCENDANTS,
GUARDIANS, TEACHERS OR OTHER
PERSONS ENTRUSTED WITH THE
CUSTODY OF THE OFFENDED PARTY

*Accomplices punished as principals in private crimes:

1. Ascendants
2. Guardians
3. Curators
4. Teachers
5. Any other person who cooperates as an accomplice with abuse of authority or
confidential relationship

HIRYU KIMIKO OKUBO