Article 333 – Adultery

Elements: 1. Woman is Married (Legally married, And even if the marriage is subsequently declared void)
; 2. She has sexual intercourse with a man Not her husband; 3. As regards the man with whom she has
sexual intercourse: he Knows that she is married.
EXCPT: MITIGATING: The criminal liability is mitigated when adultery is committed while being
abandoned by her husband without justification. In one case, the SC ruled that when the
husband is believed to be dead, the wife’s act of giving herself up to the man who lent her a
helping hand during such time of want and need is considered a mitigating circumstance
RECRIMINATION Husband’s illicit relationship does not absolve but may mitigate wife’s
liability for adultery.

Pardon by the Offended Party is a bar to prosecution for Adultery or Concubinage Requisites: 1. Pardon
must be made before the institution of criminal prosecution; and 2. Both offenders must be pardoned by
the offended party. NOTE: The act of having intercourse with the offending spouse after an adulterous
conduct is, at best, an implied pardon of said adulterous conduct.

Q: Is the acquittal of one of the defendants operates as a cause of acquittal of the other? A: NO,
because of the following reasons: 1. There may not be a joint criminal intent, although there is
joint physical act. One of the parties may be insane and the other sane, in which case, only the
sane could be held liable criminally. 2. The man may not know that the woman is married, in
which case, the man is innocent. 3. Death of the woman during the pendency of the action
cannot defeat the trial and conviction of the man. 4. Even if the man had left the country and
could not be apprehended, the woman can be tried and convicted.

Article 334 – Concubinage

Elements: 1. Man is Married; 2. He is either: a. Keeping a mistress in the conjugal dwelling; b. Having
Sexual intercourse under SCANDALOUS CIRCUMSTANCE with a woman not his wife; c. Cohabiting with
her in any other place; and 3. As regards the woman: she Knows that he is married.
Liability of Married Man A married man is not liable for concubinage for mere sexual relations
with a woman not his wife. It must be under scandalous circumstances.

No Knowledge that Woman is Married = 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. If the woman
knew that the man was married, she may be held liable for concubinage as well.
RA 8353 – Anti-Rape Law of 1997
Article 266A – RAPE – THE ESSENCE OF RAPE IS THE ABSENCE OF CONSENT
Mode 1: Rape by Sexual Intercourse Elements: 1. Offender is a Man; 2. Offender had Carnal
knowledge of a woman; 3. Such act is accomplished under any of the following Circumstances: a.
By using Force, threat or intimidation; b. When the woman is deprived of Reason or is otherwise
unconscious; c. By means of fraudulent Machination or grave abuse of authority; or d. WHEN
THE WOMAN IS UNDER 12 YEARS OF AGE (STATUTORY RAPE) OR IS DEMENTED.
Mode 2: Rape through Sexual Assault Elements: 1. Offender commits an act of Sexual assault; 2.
Act is committed by any of the following Means: a. By inserting his Penis into another person's
mouth or anal orifice; or b. By inserting any Instrument or object into the genital or anal orifice
of another person; 3. Act is accomplished under any of the following Circumstances: a. By using
Force or intimidation; or b. When the woman is Deprived of reason or otherwise unconscious; or
c. By means of fraudulent Machination or grave abuse of authority; or d. WHEN THE WOMAN IS
UNDER 12 YEARS OF AGE OR DEMENTED.
STATUTORY RAPE - rape of a woman who is below 12 years of age; victim is conclusively
presumed incapable of giving consent to sexual intercourse with another.
RULE ON RESISTANCE General Rule: The law requires manifest and tenacious resistance. A verbal
refusal alone will not do. There must be physical struggle, taxing her powers to the utmost. Thus,
mere initial resistance of the offended party in rape cases is not enough. Exception: Where the
victim resists, and the resistance would be futile, even offering none at all does not amount to
consent to thesexual assault. NOTE: When the offender in rape has an ascendancy on influence
over the girl i.e. a father over his daugher, it is not necessary that she put up a determined
resistance.

Article 266 - B – Qualified Rape

Qualifying Circumstances 1. If the victim: [18-C-7-M] b. Is under 18 yrs. old, & the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity w/in the 3rd civil degree, or the
common law spouse of the parent of the victim c. Is under the Custody of the police / military
authorities / law enforcement agency d. Is a religious and such legitimate vocation is known by the
offender before or at the time of rape e. Is a child below 7 yrs. old; f. Suffered permanent or physical
Mutilation or disability by reason or on the occasion of rape 2. If the offender: a. Is afflicted with a
Sexually transmissible disease & the virus / disease is transmitted to the victim; b. Is a member of the
AFP / PNP / any law enforcement agency / penal institution, & took advantage of his position; c. Knew of
the Pregnancy of the offended party at the time of the commission of rape; d. Knew of the Mental
disability, emotional disorder, or physical handicap of the offended party at the time of the commission
of rape 3. If Rape is committed in Full view of the spouse, parent, any of the children, or other relatives
w/in the 3rd civil degree of consanguinity.

Art. 266 - C - Effect of Pardon

The following shall extinguish the criminal action or the penalty imposed: 1. Subsequent valid marriage
between the offender and the offended party, but only as to the husband. 2. Subsequent forgiveness by
the wife as the offended party when the legal husband is the offender, provided their marriage is not
void ab initio.
Applicability of Pardon; Only to Principals Pardon is not applicable to accomplices, accessories
and multiple rapes. Since rape is now categorized as a crime against persons, marriage
extinguishes the penal action only as to the principal. This does not apply where multiple rape
was committed because while marriage with one defendant extinguishes criminal liability, it
cannot be extended to acts committed by others.

Art. 266 - D – Presumptions

Evidence which may be accepted: 1. Any physical overt act manifesting resistance against the act
of rape in any degree from the offended party; or 2. Where the offended party is so situated as
to render him/her incapable of giving his/hear consent.

Article 336 - Acts of Lasciviousness

Elements: 1. Offender commits any Act of lasciviousness or lewdness; 2. Act is committed against
a Person of either sex; and 3. It is done under any of the ff. Circumstances: a. By using Force or
intimidation; or 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.

Sweetheart Defense Inapplicable For purposes of sexual intercourse and lascivious conduct in
child abuse cases under RA 7610, the sweetheart defense is unacceptable. A child exploited in
prostitution or subjected to other sexual abuse cannot validly give consent to sexual intercourse
with another person.

When Punishable Under RA No. 7610 (Special Protection of Children Against Abuse, Exploitation
and Discrimination Act) Acts of lasciviousness is punished under RA No. 7610 when performed
on a child below 18 years of age, exploited in prostitution or subjected to other sexual abuse.
Elements of Lascivious Conduct under RA No. 7610 The following elements of sexual abuse
under Sec. 5 (b) of RA 7610 must be proven in addition to the elements of acts of lasciviousness:
[SE-18] a. Accused commits the act of Sexual intercourse or lascivious conduct. b. Said act is
performed with a child Exploited in prostitution or subjected to other sexual abuse. c. Child,
whether male or female, is below 18 years of age. [Navarrete v. People, G.R. No. 147913.
 It depends po sir.. sabi sa Tulagan... if below 12 yo, automatic statutory rape with or without
consent. If 12 to below 18, or 18 but unable to take care of themselves, depende if consented or
without consent. If consented, legal. If no consent, and constituting rape na.. then punished
under Art. 266-A, if no consent but sexual ssault lang, Sec 5(b) ng RA 7610.

Article 337 - Qualified Seduction - Seduction - enticing a woman to unlawful sexual intercourse by
promise of marriage or other means of persuasion WITHOUT USE OF FORCE. It applies when there is
abuse of authority (qualified seduction) or deceit(simple seduction).

Two Classes of Seduction: a. Seduction of a virgin over 12 years and under 18 years of age by
certain persons such as, a person in authority, priest, teacher or any person who, in any capacity
shall be entrusted with the education or custody of the woman seduced. Elements of (a): 1.
Offended party is a Virgin, which is presumed if she is unmarried and of good reputation; 2. She
is Over 12 and Under 18 yrs. of age; 3. Offender had Sexual intercourse with her; and 4. There is
Abuse of authority, confidence, or relationship on the part of the offender.

b. Seduction of sister or descendant, whether or not she is a virgin or over 18 years of age.
Elements of (a): 1. Offended party is a Virgin, which is presumed if she is unmarried and of good
reputation; 2. She is Over 12 and Under 18 yrs. of age; 3. Offender had Sexual intercourse with
her; and 4. There is Abuse of authority, confidence, or relationship on the part of the offender.

Offenders in Qualified Seduction: [AER] 1. Those who abused their Authority: a. Person in public
authority b. Guardian; or c. Teacher 2. Person who, in any capacity, is Entrusted with the
education or custody of the woman seduced. 3. Those who abused confidence reposed in them:
a. Priest b. House servant; or c. Domestic.

Article 338 - Simple Seduction

Elements: 1. Offended party is Over 12 and under 18 years of age; 2. She is of good Reputation,
single or widow; 3. Offender had Sexual intercourse with her; and 4. It was committed by means
of Deceit.

Article 339 - Acts of Lasciviousness with the Consent of the Offended Party
Elements: 1. Offender commits acts of Lasciviousness or lewdness; 2. Acts are committed upon a
woman who is a virgin or single or widow of good reputation, Under 18 yrs. of age but over 12
yrs., or a sister or descendant, regardless of her reputation or age; and 3. Offender Accomplishes
the acts by abuse of authority, confidence, relationship, or deceit.

"With the Consent of the Offended Party." 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 or relationship or by means of deceit.

Article 340 - Corruption of Minors - Punishable Act: Promoting or facilitating the prostitution or
corruption of persons underage (below 18 years old) to satisfy the lust of another.
NOTES: 1. 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. 2. Victim must be of good reputation, not a prostitute or corrupted person.

Article 341 - White Slave Trade

Acts Punishable: 1. Engaging in Business of prostitution 2. Profiting by prostitution 3. Enlisting the
Services of women for the purpose of prostitution.

Article 342 - Forcible Abduction

Elements: 1. Person abducted is any Woman, regardless of her age, civil status or reputation; 2.
Abduction is Against her will; and 3. Abduction is with Lewd designs.
Abduction 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 corrupt her.

If Female is Under 12 years of age If the female abducted is under 12, the crime is forcible
abduction, even if she voluntarily goes with her abductor.

Elements of Complex Crime of Forcible Abduction with Rape: 1. Abductor had carnal
knowledge of the abducted women; and 2. It is committed by: a. Using force or intimidation; or
b. When the woman is deprived of reason or otherwise unconscious or when the woman is
under 12 years of age or is demented.

Rules on Absorption 1. Forcible abduction is absorbed by rape – if main objective was to rape
the victim. 2. Attempted rape is absorbed by forcible abduction – thus, there is no complex
crime of forcible abduction with attempted rape. 3. Conviction of acts of lasciviousness is not a
bar to conviction of forcible abduction.

Article 343 - Consented Abduction

Elements: 1. Offended party is a Virgin; 2. She is Over 12 and under 18 yrs. of age; 3. Offender takes her
away with her Consent, after solicitation or cajolery from the offender; 4. Taking away is with Lewd
designs.

NOTE: 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.