MODULE NUMBER 6

Notes and References:

1.) RPC, Criminal Law by Luis B. Reyes

2.) Antonio Gregorio, Fundamentals of Criminal Law Review;
3.) Boado, Notes and cases on the RPC
4.) Jurisprudence and related laws
5.) BATASnatin
Chapter Two
RAPE and ACTS of LASCIVIOUSNESS

Art. 336. Acts of Lasciviousness.

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

NOTA BENE:
 CONCEPT: The act of making physical contact with the body of another person for
the purpose of obtaining sexual gratification of other than, or without intention of,
sexual intercourse.
 The contact may be the body of the accused such as the lips, hands, foot; or by
1 CRIMINAL LAW 2
means of any object or instrument. In either case, there must be no form of insertion
in the anus, mouth or sex organ amounting to rape through sexual abuse;
 It is distinguished from ATTEMPTED RAPE in that there is no intent to have sexual
intercourse with the victim. The intent may be inferred from the circumstances of
time, place and occasion, or inferred from the nature of the act itself.
 It is distinguished from Unjust Vexation in that there is no lewd design in unjust
vexation.
 "Like rape, the acts of lasciviousness are committed by intimidation or force, grave
abuse of authority or fraudulent machinations. The victim is deprived of reason,
unconscious, demented or under 12 years of age. The offended party in both rape
and acts of lasciviousness can be a person of either sex.
 However, the act will be considered as an attempted or frustrated rape if the
offender clearly demonstrated that his purpose for performing the act is to lie with
the offended woman. Lascivious acts are deemed preparatory acts in case of
attempted rape. On the other hand, acts of lasciviousness are considered as the
offender’s final objective. If the offender does not intend to have sexual intercourse,
it will not be considered to be attempted rape. "
 If the victim is under 12, it is child abuse under Republic Act No. 7610 and the
penalty is one degree higher. Under Art. 339, acts of lasciviousness with the
offended party’s consent are committed against a female under circumstance of
seduction. Under Art. 336 Acts of lasciviousness are committed against a male or a
female under the circumstance of rape.
 If the acts of lasciviousness (including sexual intercourse) is performed upon a child
exploited in prostitution or other sexual abuse (e.g., the child was subjected to an
obscene publication or pornography or of an indecent shows) whether male or
female, the acts would constitute sexual abuse punished under R.A. No. 7610

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 RAPE vs. ACTS OF LASCIVIOUSNESS

The crimes of Rape and Acts of Lasciviousness are different from each other.

Firstly, the crime of Acts of Lasciviousness is classified as a crime against chastity under
Title Eleven of the Revised Penal Code. On the other hand, Rape, by virtue of Republic Act
(R.A.) No. 8353 otherwise known as the Anti-Rape Law of 1997, is classified as a crime
against persons.

Secondly, the elements of these crimes are distinct from each other. In order that there be a
crime of Rape, it must be shown that it was committed: (1) By a man who shall have carnal
knowledge of a woman under any of the following circumstances: a) Through force, threat,
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; and d)
When the offended party is under twelve (12) years of age or is demented, even though
none of the circumstances mentioned above be present; or (2) By any person who, under
any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual
assault by inserting his penis into another person’s mouth or anal orifice, or any
instrument or object, into the genital or anal orifice of another person (Article 266-A,
Revised Penal Code (RPC) as amended).
In contrast, the elements of the crime of Acts of Lasciviousness are: (1) the offender
commits any act of lasciviousness or lewdness against the offended party who is another
person of either sex; (2) that it is done: (a) by using force or intimidation; (b) by
deprivation of reason or consciousness; or (c) when the offended party is under 12 years of
age, even though neither of the circumstances mentioned in the two next preceding
paragraphs shall be present (Article 336, RPC).

ATTEMPTED RAPE vs. ACTS OF LASCIVIOUSNESS

2 CRIMINAL LAWof2 the offender to lie with the female defines the distinction between
 The intent
attempted rape and acts of lasciviousness. The felony of attempted rape requires such
intent; the felony of acts of lasciviousness does not. Only the direct acts of the offender
establish the intent to lie with the female. However, merely climbing on top of a naked
female does not constitute attempted rape without proof of his erectile penis being in
a position to penetrate the female’s vagina. (G.R. No. 166441. October 8, 2014).

KINDS OF ACTS OF LASCIVIOUSNESS

FORCIBLE- (Art. 336) CONSENTED (Art. 339)

-Those made under the circumstances of Those made under the circumstances of
forcible rape seduction whether simple or qualified.

-The accused may be any person and the
victim may be male or female.
-The victim is female of chaste character.
-Over 12 years but below 18 years, or a
widow.
-There was deceit or abuse of authority,
abuse of confidence or abuse of
relationship.

IMPORTANT:
In G.R. No. 214497, April 18, 2017, it held that (READ IN FULL TEXT)

Sec. 4 of RA 8353 did not expressly repeal Article 336 of the RPC for if it were the intent of Congress, it
would have expressly done so.  Rather, the phrase in Sec. 4 states: "deemed amended, modified, or
1âwphi1

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 repealed accordingly" qualifies "Article 335 of Act No. 3815, as amended, and all laws, acts, presidential
decrees, executive orders, administrative orders, rules and regulations inconsistent with or contrary to the
provisions of [RA 8353]."

As can be read, repeal is not the only fate that may befall statutory provisions that are inconsistent with
RA 8353. It may be that mere amendment or modification would suffice to reconcile the inconsistencies
resulting from the latter law's enactment. In this case, Art. 335 of the RPC,  which previously penalized
62

rape through carnal knowledge, has been replaced by Art. 266-A.   Thus, the reference by Art. 336 of the
63

RPC to any of the circumstances mentioned on the erstwhile preceding article on how the crime is
perpetrated should now refer to the circumstances covered by Art. 266-A as introduced by the Anti-
Rape Law.

We are inclined to abide by the Court's long-standing policy to disfavor repeals by implication for laws
are presumed to be passed with deliberation and full knowledge of all laws existing on the subject. The
failure to particularly mention the law allegedly repealed indicates that the , intent was not to repeal the
said law, unless an irreconcilable inconsistency and repugnancy exists in the terms of the new and old
laws.  Here, RA 8353 made no specific mention of any RPC provision other than Art. 335 as having been
64

amended, modified, or repealed. And as demonstrated, the Anti Rape Law, on the one hand, and Art. 336
of the RPC, on the other, are not irreconcilable. The only construction that can be given to the
phrase "preceding article" is that Art. 336 of the RPC now refers to Art. 266-A in the place of the repealed
Art. 335. It is, therefore, erroneous to claim that Acts of Lasciviousness can no longer be prosecuted
under the RPC.

It is likewise incorrect to claim that Art. 336 had been rendered inoperative by the Anti-Rape Law and
argue in the same breath the applicability of Sec. 5(b) of RA 7610. The latter provision reads:

Section 5. Child Prostitution and Other Sexual Abuse. - x x x

xxxx

(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in
3 CRIMINAL
prostitution or LAW
subject2 to other sexual abuse; Provided, That when the [victim] is under twelve (12)
years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape
and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct,
as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve
(12) years of age shall be reclusion temporal in its medium period; x x x (emphasis added)

If Art. 336 then ceased to be a penal provision in view of its alleged incompleteness, then so too would
Sec. 5(b) of RA 7610 be ineffective since it defines and punishes the prohibited act by way of reference
to the RPC provision.

The decriminalization of Acts of Lasciviousness under the RPC, as per Justice Leonen's theory, would not
sufficiently be supplanted by RA 7610 and RA 9262,  otherwise known as the Anti-Violence Against
65

Women and their Children Law (Anti-VAWC Law). Under RA 7610, only minors can be considered
victims of the enumerated forms of abuses therein. Meanwhile, the Anti-VA WC law limits the victims of
sexual abuses covered by the RA to a wife, former wife, or any women with whom the offender has had a
dating or sexual relationship, or against her child.   Clearly, these laws do not provide ample protection
66

against sexual offenders who do not discriminate in selecting their victims. One does not have to be a
child before he or she can be victimized by acts of lasciviousness. Nor does one have to be a woman with
an existing or prior relationship with the offender to fall prey. Anyone can be a victim of another's lewd
design. And if the Court will subscribe to Justice Leonen's position, it will render a large portion of our
demographics (i.e. adult females who had no prior relationship to the offender, and adult males)
vulnerable to sexual abuses.

Chapter Three
SEDUCTION, CORRUPTION OF MINORS
and WHITE SLAVE TRADE

SEDUCTION-means enticing a woman to unlawful sexual intercourse by promise of

marriage or other means of persuasion without use of force.

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 In seduction the victim consented to the sexual intercourse.
KINDS OF SEDUCTION
1.) Qualified Seduction
2.) Simple Seduction

Art. 337. Qualified Seduction.

TWO CLASSES OF QUALIFIED SEDUCTION:

1.) Seduction of a virgin over 12 years and under 18 years of 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 years of age;
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.

NOTA BENE:

 A. In qualified seduction (Article 337) what makes the offense qualified is because of
the character of the accused, the excess of power or abuse of confidence. Thus the
consent of the victim was obtained because of any of the following:

(i). Abuse of authority such as by persons in authority, guardians, teachers, persons

4 CRIMINAL
who areLAW 2
entrusted with the education or custody of the victim

(ii). Abuse of the confidence reposed in them such as by priest, minister, house
servants, domestics i.e. one living under the same roof as the victim

(iii). Abuse of relationship such as by brothers or ascendants

 Under the Anti Rape Law, there is rape by “grave abuse of authority” hence it would
seem that if the accuse falls under any of the foregoing classification but if the abuse
is not “grave”, the offense would still be qualified seduction. But when is the abuse
considered grave, so as to give rise to rape, and when is it mild or not grave?

 In qualified and consented abduction, the offended party must be a virgin.

 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 (U.S. vs. Arlante, 9 Phil 595)

 Deceit is not an essential element of qualified seduction.

 The fact that the girl gave consent to the sexual intercourse is no defense.

 The accused charged with rape cannot be convicted of qualified seduction under the
same information.
Art. 338. Simple Seduction.

ELEMENTS:
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 1.) That the offended party is over 12 and under 18 years of age;
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.

NOTA BENE:

 Requirements for seduction or consented sexual intercourse:

1. The victim is a woman who must be over 12 years because if her age is below 12 the
offense is statutory rape

2. She must not be over 18 years (it is presumed that if over 18 years, she is of
sufficient understanding to take care of her virtue and chastity). However even if the
woman is over 18 if there was “Grave Abuse of Authority” or “fraudulent
machination” the crime would be rape.

3. While the law requires the victim to be a “virgin”, this is to be understood as

referring to a woman of chaste character though she may not literally be virgin.

4. Sexual intercourse be consummated.

 The purpose of the statute making seduction a crime is not to punish illicit
intercourse but to punish the seducer who by means of a 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. (P vs. Iman, 62 Phil 92)
5 CRIMINAL LAW 2
 Virginity of the offender party is not required.

 Deceit generally takes the form of unfulfilled promise of marriage. Note: “not
material things”.

 Promise of marriage AFTER sexual intercourse is not a deceit.

Art. 339. Acts of lasciviousness with the consent of the offended party.

ELEMENTS:
1.) That the offender commits acts of lasciviousness or lewdness.
2.) That the acts are committed upon a woman who is 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 reputation or age;
3.) That the offender accomplished the acts by abuse of authority, confidence,
relationship or deceit.

NOTA BENE:
 Male cannot be an offended party in this felony
 The acts are committed by the same persons and under the same circumstances as
those provided in Articles 337 and 338.

Correlate Articles 340 and 341 with R.A. No. 7610

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 Chapter Four
ABDUCTION

TWO KINDS OF ABDUCTION:

1.) Forcible Abduction (Art. 342);
2.) Consented Abduction (Art. 343).

Art. 342. Forcible Abduction.

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

NOTA BENE:
 By abduction is meant the 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 to corrupt her.
 When there is deprivation of liberty and no lewd designs, the crime is kidnapping and
serious illegal detention.
 Any woman, may be married; if child under 12 years of age, crime is forcible abduction,
even if she voluntarily goes with her abductor
 Taking away must be against will of woman; may be accomplished by means of deceit
first and then by means of violence and intimidation.
 Actual intercourse not necessary; lewd designs may be shown by conduct of the
accused; intent to seduce girl sufficient; lewd designs present in hurried ceremony of
marriage by force where marriage is merely an artifice by which accused sought to
6 CRIMINAL
escape LAW 2 consequences of his acts
criminal
 When there are several defendants, it is enough that one of them had lewd designs.
 Husband not liable for abduction of wife as lewd design is wanting.
 Nature of crime: against liberty, honor and reputation, and public order
 Forcible abduction v. Grave coercion v. Kidnapping---presence of lewd design makes it
forcible abduction; Kidnapping and Serious illegal detention if there is deprivation of
liberty with no lewd design (Violent taking of woman motivated by lewd
design and victim raped - Forcible abduction with rape, instead
of Kidnapping with rape; Attempt to rape is absorbed in abduction)

 Forcible Abduction v. Corruption of minors – depends on purpose; purpose of

Corruption is to lend her to illicit intercourse with others
 Forcible Abduction v. Rape: if resistance of woman to alleged rape was not tenacious;
rape may also absorb forcible abduction if main objective was to rape the victim
 Attempt to rape absorbed in element of lewd design
 Conviction of Acts of Lasciviousness, not a bar to conviction of
forcible abduction.

In PEOPLE vs. CARAANG, GR 148424-27, 12/11/03, it held that: (READ IN FULL TEXT)

The complex crime of forcible abduction with Rape occurs when there is carnal knowledge of
the abducted woman under any of the circumstances mentioned earlier when force or
intimidation is used; when the woman is deprived of reason or is otherwise unconscious; and
when the woman is under twelve years of age or is demented. The employment of deception
suffices to constitute forcible abduction. This Court has previously ruled that if the
victim's consent was obtained through deceit and there was therefore no valid consent, the

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 crime is forcible abduction, as the deceit may be considered as constructive force.
The second element, lewd design, was established by the actual rapes.

People v. Sunpongco

The victim was abducted by the accused and was brought to a hotel where the latter
succeeded in having sexual intercourse with her.

HELD: The elements of both rape and forcible abduction are proven. The presence of lewd
designs in forcible abduction is manifested by the subsequent rape of the victim

People v. Jose
This is the Maggie Dela Riva story wherein Maggie was abducted and brought to a hotel,
where the 4 accused took turns in raping her.

HELD: While the first act of rape was being performed, the crime of forcible abduction had
already been consummated, hence, forcible abduction can only be attached to the first act of
rape, detached from the 3 subsequent acts of rape.

People v. Alburo
The accused and 2 other men raped the victim. The victim was a jeepney passenger who was
prevented from leaving the jeepney. She was taken to a remote place where she was raped.

HELD: The accused is guilty of FORCIBLE ABDUCTION WITH RAPE. It was proven that the
victim was taken against her will and with lewd design, and was subsequently forced to
submit to the accused’s lust, rendering her unconscious in the process.

People v. Godines
7 CRIMINAL
The LAW 2 the killing of another by the 2 accused. Upon seeing her, the accused
victim witnessed
dragged her to a vacant lot where they took turns in raping her. TC convicted them of rape.

HELD: FORCIBLE ABDUCTION is absorbed in the crime of RAPE if the main objective is to
rape the victim.

AGE AND REPUTATION NOT NECESSARY:

1. Rape;
2. Acts of lasciviousness against the will or without the consent of the offended party ;
3. Qualified seduction of sister or descendant;
4. Forcible Abduction.

Art. 343. Consented Abduction.

Elements:
1. Offended party is a virgin;
2. She is over 12 and under 18 years of age;
3. Offender takes her away after solicitation or cajolery;
4. The taking away is with lewd designs; and
5. She consents to being taken.

What does virginity refer to in Art. 343? Will the accused be acquitted of the crime
because sometime prior to the abduction he succeeded in having carnal intercourse
with the girl?
 The term “virgin” mentioned under the law does not necessarily mean absence of
prior sexual activity or “virginity” in the strict sense of the word.
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  The contention of the defendant that the offended girl was not a virgin because
sometime prior to the abduction he succeeded in having carnal intercourse with her
is not well founded because the interruption of continuity between this act and that
of abduction was not sufficient to negative the object and purpose of the crime, and
because, furthermore, the virginity to which article 446 of the Penal Code refers is
not to be understood in so material a sense as to exclude the idea of the abduction of
a virtuous woman of good reputation. (US vs. Casten, G.R. No. 11488. August 19,
1916)

What is the crime if the virgin abducted is under 12 years old or is deprived of
reason?

 If the virgin is under 12 or is deprived of reason, the crime is forcible abduction

because such is incapable of giving a valid consent.

Is the crime of consented abduction committed when there was no solicitation or

cajolery and the girl voluntarily went with the man?

 No. Art. 343 contemplates that the accused be an active physical agency
instrumental in causing the female to leave or abandon her home. Where the female
voluntarily leaves her home and subsequently is taken by the accused to a particular
place for a prohibited purpose, or where the female on her own volition goes to the
home of the accused, who may be under moral duty to send her away, and he does
not come within the prescription of the law by permitting her to stay. The female
must be removed from the custody of her parents by means of promises made to, or
cajolery or enticement exerted upon her by her abductor. (People vs. Palisoc, CA GR.
8 CRIMINAL LAW
No. 01994 CR,2 July 17, 1964)

 Facts: Toribia Minaos, a maiden 14 years old, when she went out in the evening to
buy bread, spend the time chatting with the chauffeurs of the automobiles for hire
that stopped at Gay Square in Iloilo. On evening in the question, the defendant
Celedonio de la Cruz took her in his car, together with other passengers, to the
municipality of San Miguel. After said other passenger had alighted, the defendant
had a ride with the offended party in his car. At about 7 o'clock in the evening the
defendant stopped his automobile in an uninhabited place, and had sexual
intercourse with her there. After the perpetration of the act, the defendant returned
with her to Iloilo and took her to the Eagle Cinematograph Theatre where he left
her. Upon coming out, she was seen by the policemen Pedro Mallo, who was looking
for her, and taken to the police station to which her absence has been reported.

Held: The facts of the accused having taken Toribia Minaos in his automobile with
her consent, and with intention to return her, after riding, to the place where he had
taken her, does not show any intention to take her away from the authority of her
master and substitute himself in lieu of the latter at least for a short period of time.
The legislator well knows the frailty of the flesh and the ease with which a man,
whose sense of dignity, honor and morality is not well cultivated, falls into
temptation when alone with one of the fair sex toward whom he feels himself
attracted, An occasion is so inductive to sin or crime that the saying "A fair booty
makes many a thief" or "An open door may tempt a saint" has become general.
Moralists constantly advise to avoid occasion to sin; and crimino-sociologists
consider it as one of the causes of crime. Offenses of this nature may, and in fact, do
constitute a sin against morality, whether religious or social, but not a crime under
the sanction of criminal law. A mere riding in an automobile with a girl over 12 and
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 below 18 years without intent to take her away from the authority of those who
have her under their control and custody, nor to conceal her whereabouts, is not
sufficient to constitute the crime of abduction with consent, whatever its
consequences in morals may be. Criminal law does not punish mere amorous
appointments, and in interpreting the laws, we cannot extend their effect beyond
the limits fixed by their letter and spirit.

For the foregoing reasons, we find that the facts proven at the trial are not sufficient
to constitute the crime of abduction with consent, and the judgment appealed from
is hereby reversed, and the defendant acquitted with the costs de oficio. (People vs.
Celedonio dela Cruz, G.R. No. L-24507, December 28, 1925)

Must the offended party be taken from her house?

 No. Art. 343 does not require that the abducted woman be personally removed from
the house — of her parents or guardians. It is sufficient that she leave it and be
withdrawn from their control and vigilance, yielding to the cajolery and promises of
her seducer.

The defendant did not personally remove A. E., a virgin 17 years of age, from the
house of her parents, but he did induce her to leave it and did, in spite of his being
married, maintain amorous relations with her for six months prior to the day of the
abduction, gaining her consent during all that time and seducing her; and after the
girl by agreement with him had left the paternal roof on the day mentioned and was
withdrawn from her parents’ control and vigilance, he took her away with him and
carnally enjoyed her during the time that he had her in his company. (US vs. Eliseo
Reyes, G.R. No. 9745. November 7, 1914)
9 CRIMINAL
Must LAW
the taking be2with some character of permanence?

 The taking away of the girl need not be with some character of permanence. “No
matter how short is the taking away, the crime exists.” (People vs. Dela Cruz, 48 Phil
533, People vs. Ingayo, CA G.R. No. 3423-R)

Is actual sexual intercourse necessary in order to demonstrate the presence of lewd

designs?

 No. Actual sexual intercourse with the abducted girl is not necessary to prove lewd
design; intent to seduce is sufficient and this can be inferred from accused's acts or
conduct. (People vs. Ramirez, G.R. No. 13997. March 8, 1919) 
 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.
 The admission of the accused that he and the offended woman treated each other as
husband and wife after their elopement demonstrates the presence of lewd designs.
 Kissing and holding the body of the girl while being abducted with her consent is
indicative of lewd designs.

What is the purpose of the law in punishing consented abduction?

 The purpose of the law is not to punish the wrong done to the girl, provided she
consents thereto, but to prescribe punishment for the disgrace to her family and
the alarm caused therein by the disappearance of one who is, by her age and sex,
susceptible to cajolery and deceit. (US vs. Francisco Reyes, G.R. No. 6758. November
27, 1911)

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 Consented abduction with rape - Where a 15 year old girl was induced to leave her home
and later forcibly violated by the four accused (People vs. Amante, 49 Phil 679)

CHAPTER FIVE
PROVISIONS RELATIVE TO THE PROCEEDING CHAPTERS OF TITLE ELEVEN

Art. 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction,

rape and acts of lasciviousness

1.) Adultery and concubinage must be prosecuted upon the complaint signed by the
offended spouse.
2.) Seduction, abduction, rape (no loner included) or acts of lasciviousness must be
prosecuted upon complaint signed by:
a. Offended party;
b. Her parents;
c. Grandparents
d. Guardians in the order in which they are named above.

NOTA BENE:
 The court motu proprio 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 requirements even at the cost
of nullifying all the proceedings already had in the lower court. (P vs. Santos, et. al, 101
Phil 798).
 Art. 344 was enacted “out of consideration for the offended woman and her family
10 CRIMINAL LAWprefer
who might 2 to suffer the outrage in silence rather than go through with the
scandal of the public trial. (Samilin vs. CFA, 57 Phil 295)
 Pursuant to R.A. No. 8353, The Anti Rape Law of 1997”, rape is a crime against persons
which may be prosecuted de oficio. (P vs. Ypparraguire, G.R. No. 124391, July 5,
2000)-----thus, rape may be made upon the complaint of ANY PERSON
 Prosecution of the crime of prostitution can be prosecuted de officio.
 Both the guilty parties, if both alive must be included in the complaint for adultery
or concubinage.
 Read Sec. 5, Rule 110, Rules of Court in relation to Art. 344, RPC.
 When the offended party is a minor, her parents may file the complaint.
 The offended party must be of age and is in complete of her mentan and physical
faculties to file the cases.
 The guardian referred to is one “appointed by the court”.
 When the crime is COMPLEXED WITH ANOTHER CRIME, the complaint need not be
signed by the offended woman.
 Pardon of the offenders BY THE OFFENDED PARTY is a bar to prosecution of
adultery or concubinage. Pardon may be express or implied.
 Express pardon of the offender by the offended party or other persons named in the
law, as the case may be is a bar to prosecution for seduction, abduction, rape or acts
of lasciviousness. (SARA) (only EXPRESS)
 The term PARDON refers to the offense after its commission. CONSENT refers to the
offense prior to its commission.
 Marriage of the offender with the offended party is SAA (rape not included)
extinguishes criminal action or remits the penalty already imposed.---this rule
applies also to the accessory after the fact.
 In RAPE, marriage extinguished the criminal action or the penalty imposed only as
to the prinicipal.---should mean ACTUAL MARRIAGE
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11 CRIMINAL LAW 2

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