Crimes against Chastity to Criminal Negligence

Crimes against Chastity

What is punished is the chastity of a woman

Article 333. Adultery

- principal offender is a married woman
- secondary offender is a man, who should ​know​ that the woman is married

A married woman having homosexual sex with another woman is not liable for
adultery
- Committed even though the marriage is subsequently declared void.

Article 334. Concubinage

Husband:
1. who shall keep a mistress in the ​conjugal dwelling​, or
2. who shall have sexual intercourse with a woman who is not his wife under
scandalous circumstances​, or
3. who shall ​cohabit​ with her in any other place.

These elements ​should be present​ for a husband to be guilty of concubinage.

Bar Question
Suspecting that her husband was having an affair, the wife hired a private investigator
to spy on him. After two weeks the private investigator showed the wife a video of her
husband having sexual intercourse with another woman in a room in a 5 star hotel.
Based on what she saw on the video, the wife filed a complaint for concubinage
against her husband. Will the case proper?

- No. Circumstance under 334 is not present. There is no cohabitation (conjugal

dwelling). The act of videoing persons is considered as violation of
anti-voyeurism law.

Rape is considered as crimes against persons and not chastity anymore

Article 336. Acts of lasciviousness (AOL)

- Gender free crime
- Under circumstances similar with rape
- Element of lewd design​, absence of lewd design the crime is either unjust
vexation (annoy or irritate) or slander by deed (to cast dishonor)
- Similar​ to rape but no carnal knowledge.

If there is no lewd design, then it is ​unjust vexation (annoy or vex the person absence
intimidation) or to​ slander by deed​.

Bar Question

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Eduardo trailed a teenage girl up to the LRT station. While ascending the stairs, he
stayed one step behind her and in a moment of bravado, placed his hand on her hip
and gently massaged it. What was the crime committed?
- The circumstances surrounding rape is not attendant to this case. Thus, no act
of lasciviousness. Unjust vexation (harass a person).

- If the offender has the intention to commit carnal knowledge, it is attempted

rape. But if there is no attempt to do a penetration, then it’s act of
lasciviousness (no attempted or frustrated).

Sexual abuse under Section 5 RA 7610

- Sexual intercourse or lascivious conduct with a ​child under coercion or
influence
- Intent to abuse, humiliate, harass or degrade the child
See: People v. Ching

If ​under 12​, statutory rape under ​Art. 335 applies​ and not 7610.

Article 337. Qualified seduction

- Abuse of authority, confidence and relationship who has ​carnal knowledge of
a ​virgin and minor ​not under 12 years (otherwise if under 12 years old, it is
statutory rape – because the girl cannot validly give consent).
Abuse of authority by offender
- Priest, public authority. teacher
- Virginity is ​not physical but legal​, meaning of ​good reputation​. A prostitute
may not be a victim of seduction.
- Domestic​ – anybody who lives together in the same residence
- There is intimacy already established. The offender abused his authority to
commit carnal knowledge.
- What the one who committed it is not the teacher of the student but still a
teacher. Still ​qualified seduction​ because of abuse of authority.

Article 338. Simple seduction

- Carnal knowledge with a single woman or widow, chaste and of good
reputation and minor not under 12 years of age ​by means of deceit (ie. Promise
to marry)
- Unmarried, over 12 years old but still a ​minor.

Adult woman with deceit, is there a simple seduction?

- There is ​no crime​. It is not under 337 or 338.

Article 339. Consented AOL

- In seduction there is carnal knowledge
- Deceit, abuse of authority or confidence (under same circumstance as
seduction)

Article 34o and 341

- There is a special law that deals with this. Anti-trafficking persons (R.A. 9208)

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 See: People v. Casio; People v. Hirang
Article 342. Forcible abduction
- Committed by any person who abducts with lewd designs a woman against her
will or below 12 years of age.
- Without lewd design, abducting the victim constitutes serious illegal detention
- If the ​abduction is a ​necessary ​means to commit rape, the crime is a complex
crime of ​rape through forcible abduction ie. Bringing the victim to a
desolated place to have carnal knowledge.
- No carnal knowledge
- If intention is to rape. Abduction is absorbed. Abduction is ​used as means to
commit rape.
- Grave coercion – no intent to abduct the person. She was dragged out of the
house so that offender can talk to her.

Article 343. Consented abduction

- Abducts with lewd design a virgin, minor not under 12 years with her consent
after ​solicitation or cajolery​ from the offender
- Victim was ​not forced
- Essence of the offense is not the wrong done to the woman but the ​outrage
to the family and the alarmed produced in it by the disappearance of one of
its members
- Absence of lewd design the crime is serious illegal detention

Question: 15 year old girl went to a house of a male person. Because this woman was
attracted to this guy, they had sexual intercourse. Is there a crime committed by the
guy? Is there seduction?
- Not abduction. Not qualified seduction because there is no abuse of authority.
Simple seduction? Was there deceit employed? None.
- If the man asked the minor, then it would qualify to consented abduction.

**Rape then act of lasciviousness. Absence of those, check if seduction. If there is

relationship, qualified. If there is no relation, simple seduction. There is deceit. If still
none, abduction. To bring and to have lewd design.

Prosecution of crimes against chastity

1. Adultery, concubinage, seduction, abduction, or AOL can only be filed by the

offended party/ spouse they are considered as private crimes, but bigamy is a
public crime, rape is also a public crime.
2. For adultery or concubinage, pardon and consent can be given subsequent to
the commission of the crime, they cannot be given after the institution of the
criminal action
3. For seduction, abduction or AOL, pardon must be expressly made subsequent
to the commission of the crime but prior to institution of criminal action. If the
victim is a minor, pardon must be given by both the minor and her parents.
4. Marriage of the offender and offended party in seduction, abduction, or AOL
and rape shall extinguish the criminal action or penalty. The marriage should
be a valid marriage.

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Articles 344, 345, 346
Who can file?
- Crimes against chastity – ​private offense. Offended spouse or woman. If
minor, the parents, guardians can file in behalf of the minor.
- GR: Violation of RPC, anyone can file.
- XPN:​ crimes against chastity, only private party can file
- Bigamy​ is not a private crime or crime against chastity.
- Rape is crime against persons.

Pardon of offended party do ​not extinguish​ the liability.

- Made before the filing of criminal action. Subsequent when the crime is
committed.
- If pardoned by the offended party, there is a bar to file the case.
- If a victim is a minor, the victim and parents should both make the pardon.
- Article 344, marriage extinguishes the criminal action. RA 8353

Crimes against Civil Status

Article 347. Simulation of birth

R.A. 8552 – tampering of the civil registry making it appear in the birth records that a
certain child was born to a person who is not his/her biological mother, causing such
child to lose his/her rue identity and status.
- any person who shall cause the fictitious registration of the birth of a child
under the name of a person who is not his/her biological parent shall be guilty
of simulation of birth
- If a childless couple wants to adopt, go through the legal process.
- Those who ​abandon​ – crime under ​Art. 347
- Selling​ or ​bartering​ a child – punished under ​RA 7610

Simulation ​of birth* by the doctor for the purpose of ​selling, trading or dealing
with the ​child the crime is ​attempted child trafficking under RA 7610 or attempted
trafficking in persons under R.A. 9208

*inabandon, iba ang magulang, dinoctor ang birth certificate

After ​simulating the birth​, the baby is delivered to a buyer, the crime is child
trafficking under Section 7 of R.A. 7610. If the child is ​exploited for purposes of
prostitution, pornography, forced labor or sale of organs, the crime is ​qualified
trafficking in persons​ under Section 6 of R.A. 9208.

Article 347. Substitution of child for another

Article 348. Usurpation of civil status
- One who ​impersonates himself to be another person to enjoy the right and
privilege arising from the civil status of the person impersonated or to assume
the filiation or the parental or conjugal right of another
- Pretend​ to be an ​heir

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Article 349. Bigamy
1) Offender has been ​legally married
2) First marriage has ​not been legally dissolved or absent spouse has not been
judicially declared presumptively dead
3) He contracts a ​subsequent​ marriage
4) The subsequent marriage would have been ​valid had it not been for the
existence of the first
5) Fraudulent​ intention

GR: First marriage should be declared void by a court, otherwise accused is liable for
bigamy.
XPN: When the parties ​merely signed a marriage contract without marriage ceremony
performed by a duly authorized solemnizing officer, there is no need for a judicial
declaration of nullity. (​See:​ ​Morigo vs. People​)

GR: Declaration of nullity of the second marriage on the ground of psychological

incapacity is not a defense.
XPN: The second marriage was ​celebrated one day before the issuance of the marriage
license​. Accused can use it as a defense in bigamy. The crime is ​illegal marriage​.

- If the second marriage was annulled in a civil action due to force or

intimidation committed against the accused to obtain his consent, accused
should be acquitted in the bigamy case.

Article 350. Illegal Marriage

- Committed by a person who entered into a marriage knowing that the
requirements of the law have ​not been complied with or that the marriage
is in disregard of a legal impediment provided it does not constitute bigamy
ie. One of the party is below 18 years old
- Consent was obtained through force, intimidation
- No first marriage (if there is, bigamy)
- Committed by the couple

Article 352. Performance of illegal marriage ceremony

- Priests or ministers of a religious denomination or sect or civil authorities who
shall perform or authorize an illegal marriage ceremony
ie. Couple had no marriage license; both underage
- If the marriage was solemnized by a ​person without authority (like the chief
of staff of a Mayor), the crime is ​usurpation of function​ under ​Art. 177

Couple went to Mayor and the Chief of Staff solemnized the marriage. Mayor signed
the marriage certificate as valid. Is there illegal marriage?
- None. The couple do not have any illegal impediment. However, the Chief of
Staff is ​liable under Art. 177 (usurpation of authority). The mayor falsified the
public document.

Crimes against honor

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Libel, oral defamation and slander by deed
- Attack on the reputation of a person. Malicious imputations.

Elements:
a) The writing, utterance or acts must be ​defamatory
b) It must be ​malicious
- Malice in law (​presumed from the defamatory character of the statement) and
malice in fact (must be proved by the prosecution – whenever the defamatory
imputation appears in a privileged communication)
c) It must be ​given​ ​publicly
- It must be communicated to a ​third person
- Without publicity​, the crime is ​unjust vexation
d) The victim must be ​identifiable

- If a letter was shown to wife, already constitutes a third person / publicity.

Known to third person, public already.

Article 355. Libel or written defamation

- Author, editor or business manager of a book, daily newspaper or magazine or
serial publication shall be responsible for the defamations contained therein as
if he were the author thereof

R.A. 10175. Cyber libel

- Libel defined under Art. 355 of RPC committed through a computer system or
any other similar means. Penalty is increased one degree higher

Article 358. Slander or oral defamation

Grave slander – serious and insulting in nature
Slight slander

Gravity depends on:

1) Expressions used
2) Personal relations of the accused and the offended party
3) Circumstances surrounding the case, ie. Social standing and position of
offended party

“Putang ina” principle ​– It is not really meant to slander but expression of anger or
displeasure.

Privilege communication

1. Absolute privilege communication​ – lack of malice is conclusively presumed

- Not actionable
- i.e. ​Speech or debate in congress​, words uttered in judicial proceedings
provided they are relevant to the case, it also extends to preliminary
investigations and other proceedings preparatory to trial
- No malice in law
Belen v. People – defamatory allegations against the public prosecutor in the
motion are not relevant to the issue.

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 2. Qualified privilege communication​ ​(Art. 354)
- No malice in law. Malice in fact/actual malice should be established
- Prosecution must prove that there is really a malicious act.
See: Solivan v. NY
- If the purpose of writing the article is proven to be malicious, it is not protected
speech anymore, thus, libel.
- Based on moral, social duty. Private communication.

a) Private communication of a complaint

- Made by a person to another in the performance of any legal, moral, or social
duty. There are ​no elements of malice and publicity​.
- Privileged character is lost when:
1. Actual malice is proven;
2. When several agencies which had no interest or right or duty in the
prosecution of the said charges were furnished copies thereof.
- If you publish it, it loses its privilege character.

b. Fair and true report

- Made in ​good faith without any comments or remarks of any judicial,
legislative or other official proceedings which are not confidential in nature.

c. Fair commentaries
- Statement is directed to a public officer, a public figure or aspirant of public
position, that pertains to an act committed in connection with their official
function or work and the accused does not know that the comment is false or
has not recklessly disregarded of knowing whether it is false or not.
- The conduct, moral fitness, and ability of a public official to discharge his
duties are undoubtedly matters of public interest
- Any attack upon the private character of the public officer on matters which are
not related to the discharge of their official functions may constitute libel
- Kailangan may imputation of a crime. May charge na dapat bago mag
comment.

Bar Question

X, a tabloid columnist, wrote an Article describing Y, a public official, as stupid,

corrupt and having amassed ill-gotten wealth. X relied on a source from Y’s own office
who fed him information. Did X commit libel?
Libelous. Commented as stupid. Must have done good research. There should actually
be a complaint against a person to say that he is corrupt.

Article 356.​ ​threatening to publish a libelous article

- Blackmail
- Blackmail is not punishable except for 356
- threatening

Article 357. Prohibited Publication

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 - Gag law – bars publication

Defense for libel

1. Good motives and justifiable ends

2. Truth is not an absolute defense, but can be considered in:
a.) the publication of the defamatory but truthful statements was made with
good motives and for justifiable ends, or
b.) the publication of defamatory but truthful statements pertain to a crime or
a function-related act made by a public officer.

Article 359. Slander by deed

- Performance of an act that cast dishonor, discredit or contempt upon another
person
ie. Slapping or spitting on the face of someone in full view of a crowd, pointing
a dirty finger; hinipuan
- Serious or simple slander by deed

Article 363. Incriminating an innocent person

- Planting of evidence. Correlate with planting of dangerous drugs or loose
firearms under special laws
- Can be complexed with crimes such as theft, ie. Stealing property then planting
stolen property to impute to the victim the crime of theft

Article 364. Intriguing against honor

- Blemish the honor and reputation of another
- Use of scheme or plot by means of trickery
- Insinuating something

Quasi-offense
- Offenses committed not by dolo (malice) but ​culpable felonies
- Committed by ​negligence
- Reckless imprudence is crime under the law

Reckless imprudence
- Doing or failing to do an act from which material damage results by reason of
inexcusable lack of precaution on the part of the person performing or failing to
perform such act.
- Reckless imprudence resulting into (blank).
- Reckless imprudence with damage to property/physical injury/homicide.
- Crimes against damage to property or person is always included.
- i.e. car accidents
- See: Ivler case
- The person must immediately lend assistance. Otherwise, higher penalty is
imposed

Elements:
- Voluntariness
- Own intelligence; person is capacitated

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 - There is culpa (negligence)
o Imprudence – lack of precaution of person performing or failing to
perform
- Must cause damage or injury

Simple imprudence
- Lack of precaution displayed in cases which the damage impending to be
caused is not immediate nor the danger clearly manifest
- Damage is not manifested

- Failure to lend on the spot to the injured parties such help as may be in his
hands to give is a qualifying circumstance.

Fetus – unintentional abortion

- Basta fetus, capable of life, considered as abortion. No intrauterine life.
Three days old – parricide
If both woman and baby died, reckless imprudence with homicide and abortion.
If marami involved, multiple injuries (i.e. bus)