Title 11 With BQ

Reyes 2001 Book II Outline - Title Eleven Kiddy and Mondy
Title Eleven
CRIMES AGAINST CHASTITY
What are the crimes against chastity?

1. Adultery 6. Acts of lasciviousness with consent
2. Concubinage of the offended party
7. Corruption of minors
3. Acts of lasciviousness
8. White slave trade
4. Qualified seduction
9. Forcible abduction
5. Simple seduction
10. Consented abduction
Chapter One
ADULTERY AND CONCUBINAGE
Art. 333. Who are guilty of adultery. — Adultery is committed by any married woman who shall have sexual
intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to
be married, even if the marriage be subsequently declared void.
Adultery shall be punished by prision correccional in its medium and maximum periods.
If the person guilty of adultery committed this offense while being abandoned without justification by the
offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall
be imposed.
Elements of adultery
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
The woman must be married

• The legitimacy of the marriage relation between the offended husband and the defendant wife is one of
the circumstances which must necessarily attend the crime of adultery.
• Once it is shown that the man and the woman lived as husband and wife, none of the parties denied and
contradicted the allegation in the complaint, the presumption of their being married must be admitted as a
fact.
The offended party must be legally married to the offender at the time of the criminal case
• The person who initiates the adultery case must be an offended spouse and by this is meant that he is still
married to the accused spouse, at the time of the filing of the complaint.
"Even if the marriage be subsequently declared void"

• It is not necessary that there be a valid marriage between the offended husband and the guilty wife.
Cavaet: this is not free from errors. Possession of this document

Constitutes as a waiver of the authors from any liability whatsoever
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• There is adultery, even if the marriage of the guilty woman with the offended husband is subsequently
declared void.
Reason for punishing adultery even if the marriage is subsequently declared void
• Until the marriage is declared to be null and void by competent authority in a final judgment, the offense
to the vows taken, and the attack on the family exists.
Carnal knowledge may be proved by circumstantial evidence

• The finding in the possession of a married woman of several love letters signed by her paramour, their
having together in different places, and the fact that they were surprised in a well known assignation
house, which the accused woman admitted to have visited 6 times in company with her paramour are data
and indications sufficient to convict them both of adultery.
• Photograph showing the intimate relations of the two accused; testimony of a witness to the effect that the
two accused were in scant apparel and sleeping together.
• Direct proof of carnal knowledge is not necessary to sustain a conviction for adultery. Circumstantial and
corroborative evidence such as will lead the guarded discretion of a reasonable and just man to the
conclusion that the criminal act of adultery has been committed will suffice to bring about conviction for
that crime.
Each sexual intercourse constitutes a crime of adultery
Adultery is not a continuing offense.
The essence of adultery is the violation of the marital vow.
The gist of the crime of adultery is the danger of introducing spurious heirs into the family, where the rights of the
real heirs may be impaired and a man may be charged with the maintenance of a family not his own.
Abandonment without justification is not exempting, but only a mitigating circumstance

• Abandonment could not serve her as an excuse or free her from the criminal responsibility she incurred
by the breach of fidelity she owed her husband, for she had means within the law to compel him to fulfill
the duties imposed upon him by marriage.
Sheer necessity, mitigating liability of the married woman

• She was left helpless and in such a great need that she found herself in the predicament of committing
adultery for the sake of her three children. Moreover, she believed that her husband had died in the sea.
Both defendants are entitled to this mitigating circumstance
The man, to be guilty of adultery, must have knowledge of the married status of the woman, which is an essential
element
A married man who is not liable for adultery, because he did not know that the woman was married, may be held
liable for concubinage
The acquittal of one of the defendant does not operate as a cause for the acquittal of the other because:
1. There may not be a joint criminal intent, although there is joint physical act
2. Thus, one of the parties may be insane and the other sane, in which case, only the same could be held
liable criminally
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3. Thus also, the man may not know that the woman is married, in which case, the man is innocent
4. Thus, also, the death of the woman during the pendency of the action cannot defeat the trial and
conviction of the man
5. Even if the man had left the country and could not be apprehended, the woman can be tried and convicted
Effect of the death of the paramour

• It will not bar prosecution against the unfaithful wife because the requirement that both offenders should
be included in the complaint is absolute only when the two offenders are alive.
Effect of the death of offended party

• The proceedings must continue. But if he dies before a complaint could be filed, the case cannot go on
because no one can sign and file the complaint.
Effect of pardon
• The pardon must come before the institution of the criminal prosecution and both offenders must be
pardoned by the offended party.
The act of having intercourse with the offending spouse subsequent to adulterous conduct is an implied pardon.
But is does not follow that, in order to operate as such, an express pardon must also be accompanied by
intercourse between spouses thereafter.
Effect of consent
• The 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 as husband. Shortly thereafter,
he left for Hawaii where he remained for 7 years completely abandoning his wife and child.
• Held: The second charge of adultery should be dismissed because of consent.
Agreement to separate
• While the agreement is void in law, it is nevertheless competent evidence to explain the husbands inaction
after he knew of his wife's living with her co-accused. He may be considered as having consented to the
infidelity of his wife, which bars him from instituting criminal complaint.
Under the law, there is no accomplice in adultery.
Art. 334. Concubinage. — Any husband who shall keep a mistress in the conjugal dwelling, or shall have
sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit
with her in any other place, shall be punished by prision correccional in its minimum and medium periods.
The concubine shall suffer the penalty of destierro.
Three ways of committing the crime of concubinage

1. By keeping a mistress in the conjugal dwelling; or
2. By having sexual intercourse, under scandalous circumstance, with a woman who is not his wife; or
3. By cohabiting with her in any other place.
Elements
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1. That the man must be married
2. That he committed any of the following acts:

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. That as regards the woman, she must know him to be married
Concubinage is a violation of the marital vow, like adultery. Unlike adultery, the infidelity of the husband does
not bring into the family spurious offspring.
The offenders are the married man and the woman who knows him to be married.
A married man is not liable for concubinage for mere sexual relations with a woman not his wife.
Concubinage by keeping a mistress in the conjugal dwelling

• The wife left the conjugal home and lived with her parents because of troubles between husband and
herself. The husband took into the house his co-accused and they lived together conjugally. They were
seen feeding and caressing each other.
• Held: Guilty of concubinage. When the mistress lived in the dwelling, no positive proof of actual
intercourse is necessary, it appearing that the mistress is pregnant not by any other man and that they were
surprised on the same bed.
Who is a mistress?
• It is necessary that the woman is taken by the accused into the conjugal dwelling as a concubine.
What is a conjugal dwelling?
• The home of the husband and wife even if the wife happens to be temporarily absent on any account.
• A house constructed from the proceeds of the sale of conjugal properties of the spouses, especially where
they intended it to be so.
Concubinage by having sexual intercourse under scandalous circumstances

• Occurs not only when 1) he and his mistress live in the same room of a house; but also 2) when they
appear together in public; and 3) perform acts in sight of the community which give rise to criticism and
general protest among the neighbors.
• It is only when the mistress is kept elsewhere that the "scandalous circumstances" become an element of
the crime.
• This may be proved by circumstantial evidence.
The people in the vicinity are the best witnesses to prove scandalous circumstances.
When spies are employed for the purpose of watching the conduct of the accused and it appearing that none of the
people living in the vicinity has observed any suspicious conduct on his part in relation with his co-accused, there
is no evidence of scandalous circumstances.

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Concubinage by cohabiting with a woman in any other place
• Mere cohabitation is sufficient. Proof of scandalous circumstances is not necessary.
Meaning of cohabit
• To dwell together, in the manner of husband and wife, for some period of time, as distinguished from
occasional, transient interviews for unlawful intercourse. Hence the offense is not a single act of adultery;
it is cohabiting in a state of adultery which may be a week, a month, a year or longer.
• There is no concubinage if a married man is surprised in the act of sexual intercourse with a woman not
his wife in a hotel.
• A person who keeps a mistress in an apartment furnished by him is not guilty of concubinage if he does
not live or sleep with her in said apartment.
Adultery is more severely punished than concubinage because 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 and
receiving support from him.
Chapter Two
RAPE AND ACTS OF LASCIVIOUSNESS
Article 335 which has been repealed by R.A. No. 8353 (Anti-Rape Law of 1997) which took effect on
October 22, 1997.
Art. 336. Acts of lasciviousness. — Any person who shall commit any act of lasciviousness upon other
persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished
by prision correccional.
Elements
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 it is done under any of the following circumstances:

a. By using force or intimidation
b. When the offended party is deprived of reason or otherwise unconscious
c. By means of fraudulent machination or grave abuse of authority
d. When the offended party is under 12 years of age or is demented
Compelling a girl to dance naked before men is an act of lasciviousness, even if the dominant motive is revenge,
for her failure to pay a debt.
Distinguished from grave coercion

• Where an old woman was taken from her house against her will, slapped and maltreated, her drawers
taken off and her hands and feet bound by the accused to compel her to admit that she stole clothes of
certain persons. The crime was grave coercion.
Motive of lascivious acts is not important because the essence of lewdness is the very act itself
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Embracing, kissing and holding girl's breast is act of lasciviousness

• Taking advantage of the fact that Paula, a young married woman, was alone in the house, the accused
went to the house of said woman on the pretext of asking for a glass of water, stealthily approached her
and, without giving her an opportunity to defend herself, embraced and kissed her and caught hold of herb
breasts. When Paula recovered from the shock, she defended herself in spit of the fact that the accused
threatened to kill her with a dagger.
In some cases, touching the breast of a woman is considered unjust vexation only.
• Accused, inside a Catholic church and after the service has begun, approached a girl from behind and
forcibly embraced and kissed her on the left cheek and at the same time fondled her breast. It was held
that the accused was guilty only of unjust vexation. The CA said, "considering the religious atmosphere
and the presence of many persons, the conduct of the accused cannot be considered lascivious. He
performed the said acts either to spite the girl or to force her to accept him as a lover. (People v.
Anonuevo)
• The accused, in the store of the offended girl, kissed her in public view and touched her breast. The crime
was unjust vexation because there were no lewd designs. It appeared that the accused had been wooing
the girl, but she jilted him.
• The presence or absence of the lewd designs is inferred from the nature of the acts themselves and the
environmental circumstances.
But the rule is different when the act is committed in a theater

• When a man embraces and kisses a woman three times and intentionally fondled her breast at the same
time in a theater where the lights were out and the people's attention was naturally concentrated on the
picture, he must be considered as having done so with a feeling of lasciviousness, a mental process of
emotion that differs in intensity in different situations and different persons. Being a purely mental
process discernable only by overt acts, no inflexible rule can be laid down as an accurate measure.
Kissing and embracing a woman against her will are acts of lasciviousness when prompted by lust or lewd
designs
Lover's embrace and kisses are not acts of lasciviousness, there being no evidence that the lover was actuated by
lustful design or purpose, or that his conduct was lewd or lascivious.
Placing a man's private parts over a girl's genital organ is an act of lasciviousness.
The act of lasciviousness must be committed under any of the circumstances mentioned in the definition of the
crime of rape
1. By using force or intimidation
2. When the offended party is deprived of reason or otherwise unconscious
3. By means of fraudulent machination or grave abuse of authority' or
4. The offended party is under 12 years old or is demented
It is not necessary that intimidation or physical force be irresistible, it being sufficient that some violence or moral
compulsion amounting to intimidation, annuls or subdues the free exercise of the will of the offended party.

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Abuses against chastity distinguished from offenses against chastity
Abuses Against Chastity Offenses Against Chastity

Committed by public officer Offender, is in most cases, a private individual
Mere immoral or indecent proposal made It is necessary that some actual acts of
earnestly and persistently is sufficient lasciviousness should have been executed by
the offender.
Distinguished from attempted rape

• The manner of committing the crime is the same - by force or intimidation is employed, by means of
fraudulent machinations or grave abuse of authority, or the offended party is deprived of reason or
otherwise unconscious, under 12 years of age or is demented.
• The offended party in both crimes is a person of either sex.
• The performance of acts of lasciviousness character is common to both crimes.
Acts of Lasciviousness Attempted/Frustrated Rape

If the acts performed by the offender clearly
indicate that his purpose was to lie with the
offended woman.
Lascivious acts are themselves the final The lascivious acts are but the preparatory acts
objective sought by the offender. to the commission of rape.
It is not attempted rape, when there is no intent to have sexual intercourse
Circumstances indicating intention to lie with the offended party

• Slipping his trousers down and tearing the drawers of the girl, as well as kissing her and fondling her
breasts, abundantly show an intention to have intercourse with her by force.
• The accused lifted the dress of the woman and placed himself on top of her. The woman awoke and
screamed for help. But the accused persisted in his purpose, thereby indicating his intention to ravish her.
Desistance in the commission of attempted rape may constitute acts of lasciviousness

• Desistance does not imply the absolute irresponsibility of the offender with respect to acts already
committed. If the acts of lasciviousness were already committed, they are within the nature of the
consummated crime of acts of lasciviousness, since actual damage was already done to a lawful right.
No attempted or frustrated crime of acts of lasciviousness
Acts of lasciviousness distinguished from unjust vexation

• When the accused merely kissed and embraced the complainant, either out of passion or other motive,
touching the girl's breast as a mere incident to embrace, is unjust vexation.
• But when the accused not only kissed and embraced the complainant, but fondled her breast with the
particular design to independently derive vicarious pleasure therefrom, the element of lewd design exists.
• Where the accused touched three times the private parts of the offended woman over her panties, without
employing any force or intimidation, he is guilty of unjust vexation, because it might have been
committed merely to satisfy a "silly whim."

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• But the act of the accused in forcibly placing his hand between the legs of a 12-year old girl, or without
force if she be under that age, constitutes the crime of acts of lasciviousness.
Chapter Three
SEDUCTION, CORRUPTION OF MINORS, AND WHITE SLAVE TRADE
Art. 337. Qualified seduction. — The seduction of a virgin over twelve years and under eighteen years of
age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or
any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced,
shall be punished by prision correccional in its minimum and medium periods.
The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or
descendant, whether or not she be a virgin or over eighteen years of age.
Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of
any of the persons and under the circumstances described herein.
Meaning of Seduction
• Enticing a woman to unlawful sexual intercourse by promise of marriage or other means of persuasion
without use of force.
Two kinds of seduction

2. Simple seduction
Two classes of qualified seduction

1. Seduction of a virgin over 12 years and under 18 years if age by certain persons, such as, a person in
authority, priest, teacher, etc. AND
2. Seduction of a sister by her brother, or descendant by her ascendant, regardless of her age or reputation
Elements of qualified seduction of a virgin

1. That the offended party is a virgin which is presumed if she is unmarried and of good reputation
2. That she must be over 12 and under 18
3. That the offender has sexual intercourse with her
4. That there is abuse of authority, confidence or relationship on the part of the offender
The offended party must be a virgin, over 12 and under 18

• Virginity is presumed if the woman is unmarried and of good reputation. It is the accused who must prove
otherwise and the proof must be convincing, not just insinuations or conjectures.
• If the woman is married and the offender knows it, having sexual intercourse with her is adultery.
• If the victim is less than 12, the crime is rape.
Offended party need not be physically virgin.
Meaning of virginity
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• Not to be understood in so material a sense as to exclude the idea of abduction of a virtuous woman of
good reputation.
The Casten Case distinguished from the Suan Case

• In Casten, the defendant claims that he had prior intercourse with the girl, The SC considered her still a
virgin within the meaning of the law.
• In Suan, it was established that the girl had carnal relations with other men. Her chaste character was then
open to question. In law, she is no longer a virgin. The accused regard her more or less a public woman.
There must be sexual intercourse in qualified seduction. If there are none, the crime is act of lasciviousness.
Who could be the offenders in qualified seduction?

1. Those who abused their authority
a. Person in public authority
b. Guardian
c. Teacher
d. Person who, in any capacity, is entrusted with the education or custody of the woman seduced
2. Those who abused confidence reposed in them

a. Priest
b. House servant
c. Domestic
3. Those who abused their relationship

a. Brother who seduced his sister
b. Ascendant who seduced his descendant
What makes the crime of qualified seduction?

• The acts would not be punished were it not for the character of the person committing the same, on
account of the excess of power or abuse of confidence of which the offender availed himself.
Deceit is not an element of qualified seduction. It is replaced by abuse of confidence.
The fact that the girl gave consent to the sexual intercourse is no defense.
Even if the accused is not the teacher of the offended party, it is sufficient that the offender is a teacher in the
same school.
Qualified seduction by the master

• If the master shall have sexual intercourse with a female servant, a virgin of 12 but less than 18 years of
age, it is also qualified seduction.
Qualified seduction by head of the family

• A person who had sexual intercourse with the cousin of his wife, then living with them in the house and a
virgin under 18 but over 12, is guilty of qualified seduction.
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• He took advantage of his authority and abused the confidence and trust reposed in him as head of the
family and master of the house.
Qualified seduction by a brother-in-law

• If the moral ascendancy of a brother-in-law, instead, were used for immoral purposes, then, certainly,
there is more than ample justification for the view first announced in the Arlanre decision that thereby, the
offense of qualified seduction was in fact committed.
Qualified seduction committed by a priest

• When the girl went to church to confess, the priest meeting her, embraced and kissed her. The priest made
her lie on the floor and had sexual intercourse with her.
• Held: Priest guilty of qualified seduction.
Qualified seduction by house servant

• A servant in the house who had sexual intercourse with the master's daughter, a virgin over 12 but less
than 18, is guilty of qualified seduction.
Meaning of "domestic"
• A person usually living under the same roof, pertaining to the same house.
• It includes all those persons residing with the family and who are members of the same household,
regardless of the fact that their residence may only be temporary or that they may be paying for their
board and lodging.
• But if a man is merely stopping at a public inn or tavern when he seduced the landlords daughter, the man
is not domestic.
Domestic is distinct from house servant because of the intimacy existing among various members of a household,
where opportunities for committing seduction are more frequent.
Distinguished from rape

• If any of the circumstances in the crime of rape is present, the crime is NOT to be punished under this
article.
• Thus, if the offended woman was sleeping, or the offender used force or intimidation, when he had sexual
intercourse with her, the crime would be rape.
Qualified seduction by seducing a sister or descendant

• The penalty is next higher in degree
• The seduction of a sister is known as incest.
• Virginity of the sister or descendant is NOT required and she may be over 18 years of age.
• Relationship must be consanguinity. The relationship need not be legitimate.
• If the sister or descendant is under 12, the crime would be rape. If she is married and over 12, the crime
would be adultery.

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The accused charged with rape cannot be convicted of qualified seduction under the same information. (People v.
Alvarez and People v. Samillano)
When victim is under 12 years of age, the crime committed is rape and not seduction.
NOTE: Penalty provided in Section 10 of RA NO. 7610 is erroneous, where it mentioned that when the victim is
under 12, the penalty is one degree higher than that imposed by law.
Art. 338. Simple seduction. — The seduction of a woman who is single or a widow of good reputation, over
twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.
Elements
1. That the offended party is over 12 and under 18
2. That she must be of good reputation, single or widow
3. That the offender has sexual intercourse with her
4. That it is committed by means of deceit
Example
• The accused went to the house of his fiancée, her parents then being absent, and availing himself of that
opportunity, with a renewal of his promise to make he his wife, he succeeded in having sexual intercourse
with her.
• Held: The accused is guilty of simple seduction. Deceit, the usual form of which being an unfulfilled
promise of marriage, is an important element of the offense.
The offended girl must be over 12 and under 18

• If she is under 12, the crime is rape, even if the offender succeeded in having sexual intercourse with her
by means of deceit.
• If she is over 18, there is no force or intimidation or she is not unconscious or otherwise deprived of
reason, there is no crime even if the accused has sexual intercourse with her. This is true even if deceit is
employed by the accused.
Virginity of the offended party is not required

• It is not essential in simple seduction that the woman seduced be a virgin, as all that is necessary is that
she is of good reputation.
• But a woman who had illicit relations with a number of men prior to accused's sexual intercourse with
her, is not of good reputation.
There must be sexual intercourse

• If there is no sexual intercourse and only acts of lewdness are performed, the crime is acts of
lasciviousness.
Deceit generally takes the form of unfulfilled promise of marriage and this promise need not immediately precede
the carnal act.

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• Promise of marriage must be the inducement and the woman must yield because of the promise or other
inducement. If she consents merely from carnal lust, and the intercourse is from mutual desire, there is no
seduction.
May the man who is willing and ready to marry the girl seduced by him be held liable for simple seduction?
• It is believed that he is liable. Because his willingness to marry her may still amount to deceit, not by
itself but by attending circumstances vitiating such willingness, as when the man knows that the girl
cannot legally consent to the marriage, and yet he makes a promise to marry her. The consent of the
parents cannot be taken for granted, as in majority of case, parents would not consent to the marriage of
their young daughter.
Deceit consisting in unfulfilled promise of material things

• If a woman, under 18 but over 12, agrees to sexual intercourse with a man who promised to give her
precious jewelry, and the man never fulfills it, there is no seduction because she proves to be a woman of
loose morals. She is a high-class prostitute.
Promise of marriage by a married man, whom the woman knew to be married, is not deceit because it is clear that
there was no reliance on the promise.
Promise of marriage after sexual intercourse or after a woman has yielded her body to the man's illicit embraces,
does not constitute deceit.
No continuing offense of seduction
Purpose of the law in punishing simple seduction

• Not to punish illicit intercourse but to punish the seducer who by means of promise of marriage, destroys
the chastity of an unmarried female of previous chaste character, and who thus draws her aside from the
path of virtue and rectitude and then fails and refuses to fulfill his promise, a character despicable in the
eyes of every decent, honorable man.
Art. 339. Acts of lasciviousness with the consent of the offended party. — The penalty of arresto mayor shall
be imposed to punish any other acts of lasciviousness committed by the same persons and the same
circumstances as those provided in Articles 337 and 338.
Elements
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
18 but over 12, or a sister or a descendant regardless of her reputation or age
3. That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit
Male cannot be the offended party in this crime because unlike Article 336, Article 339 does not mention
"persons of wither sex" as the offended party.
"Committed by the same persons and under the same circumstances as those provided in Articles 337 and 338."
• In order that the crime of acts of lasciviousness with the consent of the offended party may be committed,
it is necessary that the crime is committed under the circumstances which would make it qualified or
simple seduction had there been sexual intercourse, instead of acts of lewdness only.
"With the consent of the offended party"

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• The offended woman may have consented to the acts of lasciviousness being performed by the offender
on her person, but the consent is obtained by abuse of authority, confidence, relationship or by means of
deceit.
Article 336 and 339, compared

• Both treat of acts of lasciviousness.
• Under Article 336, the acts are committed under circumstances which, had there been carnal knowledge,
would amount to rape.
• Under Article 339, the acts of lasciviousness are committed under the circumstances which had there been
carnal knowledge, would amount to either qualified seduction or simple seduction. There may be consent,
but there is either abuse of authority, confidence or relationship, or deceit.
Penalty when victim is under 12

• One degree higher than that imposed by law when the victim is under 12 years of age (Sec. 10, RA No.
7610)
Art. 340. Corruption of minors. — Any person who shall promote or facilitate the prostitution or corruption
of persons underage to satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a
pubic officer or employee, including those in government-owned or controlled corporations, he shall also
suffer the penalty of temporary absolute disqualification. (As amended by Batas Pambansa Blg. 92).
Habituality or abuse of authority or confidence, not necessary
"To satisfy the lust of another"

• One who casts for his own ends does not incur the sanction of the law.
Single without abuse of authority or confidence is now a crime
It is not necessary that the unchaste acts shall have been done
• What the law punishes is the act of a pimp who facilitates the corruption of, and not the performance of
unchaste acts upon, the minor.
• A mere proposal will consummate the offense.
Age of victim
• Person below 21
Reputation of the victim
• She or he must be of good reputation, not a prostitute or corrupted person.
Penalty when the victim is under 12
7610)
Child Prostitution under RA No. 7610

Section 5
Attempt to Commit Child Prostitution under RA No. 7610

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Section 6
Art. 341. White slave trade. — The penalty of prision mayor in its medium and maximum period shall be
imposed upon any person who, in any manner, or under any pretext, shall engage in the business or shall
profit by prostitution or shall enlist the services of any other for the purpose of prostitution (As amended
by Batas Pambansa Blg. 186.)
Acts penalized as white slave trade

1. Engaging in the business of prostitution
2. Profiting by prostitution
3. Enlisting the services of woman for the purpose of prostitution
One of the above-mentioned acts is sufficient to constitute the offense

• And even if there is no proof that he enlisted the services of women for the purpose of prostitution, he
would still be criminally liable if he shared in the income of the prostitutes.
Habituality not a necessary element of white slave trade. It is sufficient that the accused has committed any of the
acts enumerated in Article 341 of the RPC.
Offender need not be the owner of the house

• Person responsible under Article 341 is the person who maintains or engages in the business. It is not a
defense that he is only the manager or the man in charge of the house with a fixed salary.
Maintainer or manager of house of ill-repute need not be present therein at the time of raid or arrest or while illicit
traffic is being conducted.
"Under any pretext"

• One who engaged the services of a woman ostensible as a maid but in reality for purposes of prostitution
and who in fact dedicated her to such immoral purposes for profit, is guilty of white slave trade.
Penalty when victim is less than 12

7610)
Chapter Four
ABDUCTION
Meaning of abduction
• Taking away of a woman from her house or the place where she may be for the purpose of carrying her to
another place with intent to marry or corrupt her.
Two kinds of abduction

Art. 342. Forcible abduction. — The abduction of any woman against her will and with lewd designs shall
be punished by reclusion temporal.
The same penalty shall be imposed in every case, if the female abducted be under twelve years of age.

14
Elements of forcible abduction
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
The woman abducted may be married since Article 342 mentions "any woman" as the victim of the crime.
• The virginity of the woman is not an essential element of the crime of forcible abduction.
Crimes against chastity where age and reputation of victim are IMMATERIAL:
1. Rape
2. Acts of lasciviousness against the will or without the consent of the offended party
3. Qualified seduction of sister or descendant
The taking away of the woman must be against her will, when force or intimidation is used by the offender.
The taking away of the woman may be accomplished by means of deceit first and then by means of violence
• Thus, when the defendant, who has served as intermediary between the lovers, told the woman that her
lover was awaiting her at a spot near the growth of sugar cane for the purpose of joining her and eloping
with her which was NOT true, and upon arriving at the place, defendant caught her by the hand and gave
her a slap, and dragged her into the midst of sugar cane growing , where, threatening her with a dagger he
succeeded in lying with her. (US v. De Vivar)
• NOTE: Defendant should have been prosecuted and punished for the complex crime of forcible abduction
with rape.
If the female abducted is under 12, the crime is forcible abduction, even if she voluntarily goes with the abductor.
It is not necessary that she be taken against her will. The reason for this, is that she has no will of her own,
therefore, is incapable of giving consent.
Sexual intercourse is not necessary in forcible abduction. The intent to seduce being sufficient.
Lewd designs may be shown by the conduct of the accused
Lewd designs present in hurried ceremony of marriage by force

• Where the ceremony of the marriage is merely an artifice by which the accused sought to escape the
criminal consequences of his acts, the intention to contract marriage constitutes lewd designs, as where
the offender knows that the girl cannot give consent legally to the marriage because of minority.
Intention to marry does not constitute unchaste designs when both defendant and the woman have the required
age for consenting to the marriage
• NOTE: The offended party in People v. Crisostomo, was 30 years of age. The intention to marry on the
part of the accused was not considred as constitutive of unchaste design.
When there are several defendants, it is enough that one of them had lewd designs, as long as the same was
known to the others who cooperated in the commission of the felony.

15
Husband not liable for abduction of his wife, as the element of unchaste or lewd design is wanting.
Nature of the crime of forcible abduction

• The act of the offender is violative of the individual liberty of the abducted, her honor and reputation, and
of public order.
Forcible abduction distinguished from grave coercion

• In both crimes, there is violence or intimidation used by the offender and the offended party is compelled
to do something against her will.
• When there is no lewd design, it is coercion, provided that there is no deprivation of liberty for
appreciable length of time.
Forcible abduction distinguished from corruption of minors

• Where a 13-year old girl was abducted by the accused without lewd designs on his part, but for the
purpose of lending her to illicit intercourse with others, the crime committed by the accused was held to
be not abduction but corruption of minors.
When there is deprivation of liberty and no lewd designs, it is kidnapping and serious illegal detention.
Forcible abduction with rape distinguished from kidnapping

• A, B, C and others grabbed a girl, 15 years of age and then dragged her to a nearby forest. There, she was
brutally ravished, first by A and afterwards by B.
• Held: The crime is not kidnapping with rape, but forcible abduction with rape. When the violent taking of
a woman is motivated by lewd designs, forcible abduction is the offense. When it is not so motivated,
such taking constitutes kidnapping. One is offense against chastity, the other against personal liberty.
There is no complex crime of forcible abduction with attempted rape

• The attempt to rape is absorbed by the abduction, being the element of lewd designs of the latter.
Commission of other crimes during confinement of victim is immaterial to charge of kidnapping with serious
illegal detention.
• That there may have been other crimes committed in the course if the victim's confinement is immaterial
to this case. The kidnapping being consummated when the victim was actually restrained or deprived of
her freedom, and that makes proper the prosecution of the accused under Article 267 of the RPC. The
surrounding circumstances make it clear that the main purpose of Annabelle's detention was to coerce her
into withdrawing her previous charges against appellant, thus obstructing administration of justice. The
act of rape were incidental and used as a means to break the girl's spirit and induce her to dismiss the
criminal charges.
Forcible abduction only, or rape only

• Abduction but the resistance of the woman to the alleged rape was not tenacious, the accused would be
guilty only of abduction
• Rape may absorb forcible abduction if the main objective was to rape the victim.
Attempted forcible abduction

• The accused, who previously made an attempt upon the chastity of the offended girl, tried to take away in
a carriage, while she was standing at the door of her house. The accused did not succeed in taking her
because of the girl's resistance and intervention of policeman.

16
• Held: The offense was attempted abduction. The lewd designs were indicated by the holding of the girl
around her waist and by the attempt of the accused upon he chastity of the girl on previous night.
Conviction of acts of lasciviousness, not a bar to a conviction of forcible abduction

• To prove lewd designs in forcible abduction, actual illicit relations with the woman abducted need not be
shown. Intent to seduce is sufficient.
• In the crime of acts of lasciviousness, the lecherous acts must have actually been committed.
• In the crime of abduction, the person abducted must be a woman, while in the crime of acts of
lasciviousness, the lustful acts may be committed upon persons of either sex.
• One of these two crimes involves some important act which is not an essential element of the other, so
that the conviction of one of them is not obstacle to that of the other.
Art. 343. Consented abduction. — The abduction of a virgin over twelve years and under eighteen years of
age, carried out with her consent and with lewd designs, shall be punished by the penalty of prision
correccional in its minimum and medium periods.
Elements
1. That the offended party must be a virgin
2. That she must be over 12 but under 18
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
If virgin is under 12, it is forcible abduction
Must the taking of the virgin have the character of permanency?

• The taking away of the girl in consented abduction need not be with some character of permanence.
• "No matter how short is the taking away, the crime exists."
Offended party need not be taken from her house

• The abductor need not actually and personally have taken the abducted female from her parent's home, or
induced her to abandon it. It is sufficient that he was instrumental in her escape.
Consent of the minor to being taken away may be due to honeyed promises of marriage by the offender.
When there was no solicitation or cajolery and no deceit and the girl voluntarily went with the man, there is no
crime committed even if they had sexual intercourse
• Article 343 of the RPC contemplates that the accused be an active physical agency instrumental in
causing the female to leave or abandon her house. Where the female voluntarily leaves her home and
subsequently is taken by the accused to a particular place for a prohibited purpose, of where the female on
her own volition goes to the home of the accused, who may be under moral duty to send her away, he
does not come within the prescription of the law by permitting her to stay.

17
The taking away must be with lewd designs

• Actual sexual intercourse with the abducted girl is not necessary.
• The intention to marry may show lewd designs as when the offender knows of should know that the
minor cannot legally consent to the marriage.
Purpose of the law in punishing the crime of consented abduction

• To prescribe punishment for the disgrace to her family and the alarm caused therein by the disappearance
of the one who is, by her age and sex, susceptible to cajolery and deceit.
Consented abduction with rape.
Chapter Five
PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE ELEVEN
Art. 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of
lasciviousness. — The crimes of adultery and concubinage shall not be prosecuted except 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, nor, in any case, if he shall have consented or pardoned the offenders.
The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted except upon a
complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if the
offender has been expressly pardoned by the above named persons, as the case may be.
In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the
offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The
provisions of this paragraph shall also be applicable to the co-principals, accomplices and accessories after
the fact of the above-mentioned crimes.
Prosecution of the crimes of adultery, concubinage, seduction abduction, rape and acts of lasciviousness
1. Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse
2. Seduction, abduction, rape or acts of acts of lasciviousness must be prosecuted upon complaint signed by
-
a. Offended party
b. Her parents
c. Her grandparents OR
d. Guardians in the order in which they are named above.
• Thecourt motu propio can dismiss the case for failure of the aggrieved party to file the proper complaint,
though the accused never raised the question on appeal, thereby showing the necessity of strict
compliance with the legal requirement even at the cost of nullifying all the proceedings already had in the
lower court.
Underlying principle or reason why crimes against chastity cannot be prosecuted de oficio

18
• "Out of consideration for the offended woman and her family who might prefer to suffer the outrage in
silence rather than go through with the scandal of a public trial."
• The virginity of the girl may be questioned. This would involve the examination of the girl's past life and
the conduct of her family, which may cause painful mortifications to the modesty and honor of the girl
and cause discredit to her family.
Rape may be prosecuted de oficio pursuant to the Anti-Rape Law of 1997.
Prosecution of adultery and concubinage

• Not be prosecuted except 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, nor, in any
case, if he shall have consented or pardoned the offenders.
Prosecution of the crime of prostitution

• To call a married woman a prostitute is not merely to proclaim her an adulteress, a violator of her
maternal vows; it is to charge her of having committed an offense against public morals, or moral
degeneracy far exceeding that involved in the maintenance of adulterous relations.
Only the offended spouse can file the complaint
Both the guilty parties, if both alive, must be included in the complaint for adultery or concubinage
• The husband is expressly prohibited from filing the complaint against one of the parties without including
therein the other.
Both parties must be included in the complaint even if one of them is not guilty
• Reason: It is not for the husband to determine the question of guilt or innocence of the paramour of the
crime of adultery; the question must be left to the court.
Prosecution of seduction, abduction, rape or acts f lasciviousness

• Not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents, or
guardian nor, in any case, if the offender has been expressly pardoned by the abovementioned persons, as
the case may be.
• The offended party, even if she were a minor, has the right to institute the prosecution for the above
offenses, independently of her parents, grandparents or guardian unless she is incompetent or incapable of
doing so upon grounds other than her minority.
• Where the offended party who is a minor fails to file the complaint, her parents, grandparents or guardian
may file the same.
• The right to file the action shall be exclusive of all other persons and shall be exercised successively in
the order provided.
Prosecution of rape may be made upon complaint by any person since rape has been reclassified as a crime
against persons.
When the offended party is a minor, her parents may file the complaint
When the offended party is of age and is in complete possession of her mental and physical faculties, she alone
can file the complaint

19
• No one would dispute her paramount right to avenge the wrong done to the exclusion of her parents and
other relatives mentioned in the law.
Is the father, if living, preferred to the mother in the filing of the complaint for seduction?
• No as stated by the SC in the case of US v. Gariboso.
• There is no indication in said article that the complaint must be presented by the father, if living, and if
not, then by the mother.
• Take for example the case of grandparents. There is no indication that one of the grandparents is preferred
over another. Under the provisions of said article, any one of the grandparents, in the absence of the
parents, may present the complaint for the crime mentioned in said section. This would also seem true for
parents.
• NOTE: In this case, the father of the offended girl left his home upon knowing the commission of the
offense. During his absence, the mother of the girl presented the complaint.
• But this ruling should be applied only when the mother instituted the action without contradiction from
the father.
The guardian is one legally appointed by the court

• The term guardian means legal, not natural guardian; that is, guardian legally appointed in accordance
with the provision of the law.
• It is sufficient that a person affirms under oath that he is the guardian of a minor. But if it is denied, he has
to prove it by means of judicial order.
The complaint, which must be signed by the offended party, must be filed in court not with the fiscal.
• Thus, even if the offended party had complained to the fiscal, if the complaint was not subscribed by the
offended party and filed with the court as the basis of the prosecution, the court acquires no jurisdiction to
proceed with the case.
Rape complexed with another crime need not be signed by the offended woman
• The criminal prosecution may be initiated by the fiscal. The reason is that since one of the component
offenses is a public crime, the latter should prevail, because public interest is always paramount to private
interest.
When the evidence fails to prove a complex crime of rape with other crime, and there is no complaint signed by
the offended woman, the accused cannot be convicted of rape.
• The prosecution was able to establish the commission of rape and murder. There is evidence that after the
carnal assault, the victim lost consciousness and was in this condition when she was placed inside the
duffel bag.
• Held: It was not a complex crime but 2 separate crimes. Being separate crimes, and the complaint for rape
not having been signed by the parents, grandparents, or guardian of the deceased, the TC could not have
acquired jurisdiction to take cognizance of the rape case.
• Appellant, therefore, cannot be convicted of the crime of rape but only of the crime of murder, with the
aggravating circumstance of en despoblado and abuse of superior strength.
Silence or acquiescence of the accused does not cure the fatal defect

20
• Mere silence or acquiescence of the accused cannot confer jurisdiction on the court to hear and determine
the charge of rape in an information not signed by the offended party.
Pardon in crimes against chastity

• Pardon of the offenders by the offended party is a bar to prosecution for adultery or concubinage, The
pardon may be express or implied.
• Pardon in adultery or concubinage must come before the institution of the criminal action and both
offenders must be pardoned by the offended party if said pardon is to be effective.
• Express pardon of the offender by the offended party or other persons named in the law, as the case may
be, is a bar for prosecution for seduction, abduction, rape or acts of lasciviousness.
• Pardon in seduction must also come before the institution of criminal action.
Can the parent of the offended party in adultery or concubinage validly pardon the offenders?
• The law is clear on this point. It says: " nor x x x if he (the offended party) shall have pardoned the
offenders." Hence, the parent of the offended party cannot validly pardon the offenders in adultery or
concubinage.
Agreement to live separately, as evidence of consent
Meaning of "shall have consented" which bars the institution of criminal action for adultery or concubinage
• A husband who delivers his wife to another man for adultery, is an unworthy, if not more, as where, upon
acquiring knowledge of the adultery after its commission, he says or does nothing. Prior consent is as
effective as subsequent consent to bar the offended party from prosecuting the offense.
Example of pardon
• F was aware that his wife was having carnal relations with M. With this knowledge, F and his wife
executed a separation agreement. F visited his wife and M in their residence. F filed a complaint for
adultery against his wife and M.
• Held: dismissed.
Affidavit showing consent, basis for new trial

• Where during the pendency of the appeal from a judgment convicting the husband of concubinage, the
wife executed an affidavit stating that she consented to the concubinage, the case was remanded to the TC
for new trial.
Condonation is not pardon in concubinage or adultery

• As condonation is forgiveness based upon the presumption and belief that the guilty party has repented,
any subsequent acts of the offender showing that there was no repentance will not bar the prosecution of
the offense.
• Any act of infidelity to the vows of marriage subsequent to in the condonation constitutes a new offense
that is subject to criminal prosecution.
• NOTE: When the complaint for adultery or concubinage is based on acts already pardoned by the
offended spouse, the complaint will be dismissed.
Implied pardon or consent in adultery

21
• Where the offended husband, who had filed a complaint for adultery the second day after he had surprised
her in criminal intercourse with her co-accused, permitted his wife to continue living in the conjugal
home until her arrest, in order to take care of their children, such sufferance does not amount to implied
pardon so as to bar criminal prosecution.
• If it was the wife who abandoned the husband, his failure to look for her would not amount to consent to
her adulterous acts committed during the period of separation.
Delay in the filing of the complaint, if satisfactorily explained, does not indicate pardon
• Where the offended spouse discovered the illicit relations of his wife with her co-accused in 1954 and
filed his complaint in 1956 because during the interim period, he spied on the accused and waited for
evidence, and his wife gave birth on 1995 during the time the accused were cohabiting together, there was
no tolerance or acquiescence on the part of the husband.
The pardon must be express in seduction, abduction, rape or acts of lasciviousness
Pardon by parent, grandparent or guardian must be accompanied by the express pardon of the girl herself.
Pardon by the offended party who is a minor must have the concurrence of parents because in her tender age and
lack of sufficient knowledge, she would hardly know the full impact and consequences of her acts. In her
indifference and inexperience, the parents are given the right and power to protect her.
Exception
• When the offended girl has n parents who could concur in the pardon, she can validly extend a pardon
even if she is a minor, as when the offender is her father and her mother is already dead.
Marriage of the offender with the offended party in seduction, abduction, acts of lasciviousness and rape
extinguishes criminal action or remits penalty already imposed.
• NOTE: The co-principals referred to Article 344 are those by inducement and by indispensable
cooperation in one single crime of rape. If there are two or more crimes of rape committed by several
persons as principals by direct participation, the rule is not applicable because each carnal access amounts
to a separate and independent crime of rape.
In rape, marriage extinguishes the criminal action or the penalty imposed only as to the principal
• Since rape has ceased to be a crime against chastity, but is now a crime against persons, it now appears
that marriage extinguished the penal action and the penalty only as to the principal and not as to the
accomplices and accessories.
Actual marriage, not desire to marry, extinguishes the criminal liability.
Marriage of the offender with the offended party in other crimes does not extinguish criminal liability of the
offender.
Marriage of parties guilty of adultery or concubinage, not included. This is because both parties are offenders.
Art. 345. Civil liability of persons guilty of crimes against chastity. — Person guilty of rape, seduction or
abduction, shall also be sentenced:
1. To indemnify the offended woman.
2. To acknowledge the offspring, unless the law should prevent him from so doing.

22
3. In every case to support the offspring.
The adulterer and the concubine in the case provided for in Articles 333 and 334 may also be sentenced, in
the same proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended
spouse.
Civil liability of persons guilty of rape, seduction or abduction

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
Civil liability of the adulterer and the concubine

• The adulterer and concubine can be sentenced only to indemnify damages caused to the offended spouse.
• The last paragraph of Article 345 authorizes the imposition of indemnity in cases of concubinage against
the concubine only, but not against the guilty husband.
• The guilty wife in adultery cannot also be sentenced to indemnity for damages caused to the offended
husband. The law speaks of adulterer, not adulteress.
Under the RPC, there is no civil liability for acts of lasciviousness
Reasons why only indemnity is possible in adultery and concubinage

• Acknowledgement of the offspring is not legally possible because only children born of parents who
could marry at the time of conception may be acknowledged.
• Support of the offspring is not included because the person who gives birth, if at all, is one of the
offenders and not the offended party.
Moral damages in crimes against chastity

• Moral damages may be recovered in seduction, abduction, rape or other acts of lascivious acts, as well as
in adultery and concubinage. The parents of the female seduced, abducted, raped or abused may also
recover moral damages.
Moral damages may be recovered both by the offended party and by her parents
Civil liability of the offenders in multiple rape

• All the accused must support the offspring. As any one of them may be the father and that each and every
one of them is directly responsible than an unwilling mother may give birth to an undesired offspring,
each and every one of them contributed to, and cooperated in, the giving birth of the child.
Judgment to recognize offspring, when proper; Article 283, Civil Code, applied
• There must be evidence that the offended woman became pregnant within 120 days from the date of the
commission of the crimes.
• In the absence of such evidence, it is not proper for the judgment to indulge in speculation by sentencing
the accused "to recognize the offspring, if any."

23
Prohibition against acknowledgement of offspring when offender is married, not applicable under the Family
Code
• There is no further need for the prohibition against acknowledgment of the offspring by the offender who
is married which would vest parental authority in him. The offender in a rape case who is married can
only be sentenced to indemnify the victim and support the offspring, if there be any.
• However, in light of Article 201 of the FC, the amount and terms of support should be determined by the
TC only after due notice and hearing.
Recognition of offspring in multiple rape

• Three persons, one after another, raped a woman, not one may be required to recognize the offspring of
the offended woman, it being impossible to determine paternity.
Civil liability in rape of married woman

• Only indemnity is allowed, which was fixed at P50,000 (indemnity for rape)
• Defendant cannot be sentenced to acknowledge the offspring, because the character of the origin prevents
it, for the woman is married.
• Defendant cannot be sentenced to support the offspring.
• The same reason which prevents the offender from acknowledging the offspring should also prohibit him
from entering periodically the home of the woman raped, in order to comply with the duty of supporting
the spurious offspring. If this is allowed, it will be the source of great disturbance to the family rights of
the parents who should live in peace and enjoy the attributes of their legitimate authority over their
children.
Art. 346. Liability of ascendants, guardians, teachers, or other persons entrusted with the custody of the
offended party. — The ascendants, guardians, curators, teachers and any person who, by abuse of
authority or confidential relationships, shall cooperate as accomplices in the perpetration of the crimes
embraced in chapters, second, third and fourth, of this title, shall be punished as principals.
Teachers or other persons in any other capacity entrusted with the education and guidance of youth, shall
also suffer the penalty of temporary special disqualification in its maximum period to perpetual special
disqualification.
Any person falling within the terms of this article, and any other person guilty of corruption of minors for
the benefit of another, shall be punished by special disqualification from filling the office of guardian.
Persons who cooperate as accomplices but are punished as principals in rape, seduction, abduction, etc.
1. Ascendants
2. Guardians
3. Curators
4. Teachers, AND
5. Any other person, who cooperates as accomplice with abuse of authority or confidential relationship.
• There is another crime where the accomplice is punished as principal and that is the crime of slight illegal
detention.
"Crimes embraced in chapters second, third and fourth of this title"

1. Rape
2. Acts of lasciviousness
24
4. Simple seduction
5. Acts of lasciviousness with the consent of the offended party
6. Corruption of minors
7. White slave trade

25
Crimes Against Chastity
Acts of Lasciviousness vs. Unjust Vexation (1994)
When is embracing, kissing and touching a girl's breast considered only unjust vexation
instead of acts of lasciviousness?
SUGGESTED ANSWER:
The acts of embracing, kissing of a woman arising either out of passion or other motive
and the touching of her breast as a mere incident of the embrace without lewd design
constitutes merely unjust vexation (People us, Ignacio. CA GRNo. 5119-R, September
30, 1950). However, where the kissing, embracing and the touching of the breast of a
woman are done with lewd design, the same constitute acts of lasciviousness (People vs.
Percival Gilo, 10 SCRA 753).
Adultery (2002)
A, a married woman, had sexual intercourse with a man who was not her husband. The
man did not know she was married. What crime, if any, did each of them commit? Why?
(2%)
SUGGESTED ANSWER:
A, the married woman, committed the crime of adultery under Article 333 of the Revised
Penal Code, as amended, for having sexual intercourse with a man not her husband while
her marriage is still subsisting. But the man who had carnal knowledge of her, not
knowing her to be married, shall not be liable for adultery.
Concubinage (1994)
Abe, married to Liza, contracted another marriage with Connie in Singapore. Thereafter,
Abe and Connie returned to the Philippines and lived as husband and wife in the
hometown of Abe in Calamba, Laguna. 1) Can Abe be prosecuted for bigamy? 2) If not,
can he be prosecuted for any other crime?
SUGGESTED ANSWER:
1) No, Abe may not be prosecuted for bigamy ...
2) Yes, Abe, together with Connie, may be prosecuted for concubinage under Art. 334 of
the Revised Penal Code for having cohabited as husband and wife. But concubinage
being a private crime requires the sworn complaint of Liza, the offended spouse in
accordance with Rule 110 of the Revised Rules on Criminal Procedure.
Concubinage (2002)
A is married. He has a paramour with whom he has sexual relations on a more or less
regular basis. They meet at least once a week in hotels, motels and other places where
they can be alone. Is A guilty of any crime? Why? (3%)
SUGGESTED ANSWER:
A is guilty of the crime of concubinage by having sexual intercourse under scandalous
circumstances, with a woman who is not his wife.
Having sexual relations on a more or less regular basis in hotels, motels and other places
may be considered a scandalous circumstance that offends public conscience, giving rise
to criticism and general protest such acts being imprudent and wanton and setting a bad
example (People vs. Santos, 86 SCRA 705 [1978]).
ALTERNATIVE ANSWER:
A is not guilty of any crime because a married man does not incur the crime of
concubinage by merely having a paramour, unless under scandalous circumstances, or he
keeps her in the conjugal dwelling as a mistress, or cohabits with her in any other place.
His weekly meetings with his paramour does not per se constitute scandalous
circumstance.
Unjust Vexation vs. Act of Lasciviousness (2006)
Eduardo Quintos, a widower for the past 10 years, felt that his retirement at the age of 70
gave him the opportunity to engage in his favorite pastime — voyeurism. If not using his
high-powered binoculars to peep at his neighbor's homes and domestic activities, his
second choice was to follow sweet young girls. One day, he trailed a teenage girl up to
the LRT station at EDSA-Buendia. While ascending the stairs, he stayed one step behind
her and in a moment of bravado, placed his hand on her left hip and gently massaged it.
She screamed and shouted for help. Eduardo was arrested and charged with acts of
lasciviousness. Is the designation of the crime correct? (5%)
ALTERNATIVE ANSWER:
The designation of the crime as acts of lasciviousness is not correct. There is no lewd
design exhibited by Eduardo when he placed his hand on the left hip of the victim and
gently massaging it. The act does not clearly show an exclusively sexual motivation. The
crime he committed is only unjust vexation for causing annoyance, irritation or
disturbance to the victim (Art. 287, Revised Penal Code), not acts of lasciviousness (Art.
336, Revised Penal Code).
ALTERNATIVE ANSWER:
The crime should be Other Acts of Child Abuse under Section 10 of RA. 7610, par. b of
Section 3 that refers to child abuse committed by any act, deeds or words which debases,
degrades or demeans the intrinsic worth and dignity of a child as a human being. In
relation thereto, Section 10 provides criminal liability for other acts of child abuse,
cruelty or exploitation, or for other conditions prejudicial to the child's development. The
reaction of the victim, screaming for help upon the occurrence of the touching indicates
that she perceived her dignity was being debased or violated.

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Title 11 With BQ

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Reyes 2001 Book II Outline - Title Eleven Kiddy and Mondy

What are the crimes against chastity?

The woman must be married

"Even if the marriage be subsequently declared void"

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Carnal knowledge may be proved by circumstantial evidence

Each sexual intercourse constitutes a crime of adultery

Adultery is not a continuing offense.

The essence of adultery is the violation of the marital vow.

Abandonment without justification is not exempting, but only a mitigating circumstance

Sheer necessity, mitigating liability of the married woman

Both defendants are entitled to this mitigating circumstance

Effect of the death of the paramour

Effect of the death of offended party

• Held: The second charge of adultery should be dismissed because of consent.

Under the law, there is no accomplice in adultery.

The concubine shall suffer the penalty of destierro.

Three ways of committing the crime of concubinage

3. By cohabiting with her in any other place.

2. That he committed any of the following acts:

c. Cohabiting with her in any other place

3. That as regards the woman, she must know him to be married

Concubinage by keeping a mistress in the conjugal dwelling

Concubinage by having sexual intercourse under scandalous circumstances

• This may be proved by circumstantial evidence.

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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 it is done under any of the following circumstances:

b. When the offended party is deprived of reason or otherwise unconscious

c. By means of fraudulent machination or grave abuse of authority

d. When the offended party is under 12 years of age or is demented

Distinguished from grave coercion

Embracing, kissing and holding girl's breast is act of lasciviousness

But the rule is different when the act is committed in a theater

2. When the offended party is deprived of reason or otherwise unconscious

3. By means of fraudulent machination or grave abuse of authority' or

4. The offended party is under 12 years old or is demented

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Abuses Against Chastity Offenses Against Chastity

Distinguished from attempted rape

• The offended party in both crimes is a person of either sex.

• The performance of acts of lasciviousness character is common to both crimes.

Acts of Lasciviousness Attempted/Frustrated Rape

It is not attempted rape, when there is no intent to have sexual intercourse

Circumstances indicating intention to lie with the offended party

Desistance in the commission of attempted rape may constitute acts of lasciviousness

No attempted or frustrated crime of acts of lasciviousness

Acts of lasciviousness distinguished from unjust vexation

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Two kinds of seduction

Two classes of qualified seduction

Elements of qualified seduction of a virgin

2. That she must be over 12 and under 18

3. That the offender has sexual intercourse with her

The offended party must be a virgin, over 12 and under 18

• If the victim is less than 12, the crime is rape.

Offended party need not be physically virgin.

The Casten Case distinguished from the Suan Case

Who could be the offenders in qualified seduction?

2. Those who abused confidence reposed in them

3. Those who abused their relationship

b. Ascendant who seduced his descendant