TITLE ELEVEN: IV.

Key Concepts
CRIMES AGAINST CHASTITY
A. The woman must be married
 The legitimacy of the marriage relation between the offended
Chapter 1: husband and the defendant wife is one of the circumstances
Adultery and Concubinage which must necessarily attend the crime of adultery

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.
I. Crime/s under this article:
Adultery
Any married woman who shall have sexual intercourse with a man
not her husband
II. Acts punishable:
 Knowingly aiding and abetting a band of brigands
III. Elements
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.
B. 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
AFMQ
Q: Filipino citizens Hector and Wendy were married in New
York, and have been living happily in Manila for the last three
years. Hector was removing junk from his basement when he
came across an unlabeled recordable cd. He put it in his
computer's CD drive to check its contents. To his surprise, he
saw a video of Wendy and another man Ariel, in the act of
sexual intercourse in the master's bedroom of his house.
Angered by what he saw, he filed a complaint for adultery
against Wendy and Ariel. During the course of the trial, and
again to the surprise of Hector, it was proved that Wendy was
born male and underwent sex reassignment later in life. May
Hector's charge of adultery against Wendy and Ariel prosper?
Explain.
A: Yes. In the case at hand, the discover by Hector of the video of
Wendy having sexual intercourse with another man, Ariel, is
sufficient to charge his wife with Adultery. The fact that Wendy was
later discovered by Hector to be born male who simply underwent
sexual re-assignment later in life, is immaterial to the charge of
Adultery considering that the marriage between the same sex is
considered valid in the USA where they were married.
C. "Even if the marriage be subsequently declared void."
 In view of this phrase used in Art. 333, it is not necessary that
there be a valid marriage between the offended husband and
the guilty woman.
 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 — the adultery
reunites the essential conditions required for its punishment.
D. Each sexual intercourse constitutes a crime of adultery
 The crime of adultery is an instantaneous crime which is
consummated and completed at the moment of the carnal
union. Each sexual intercourse constitutes a crime of adultery.
Q: The husband pardoned his adulterous wife, thereafter, the
wife and her paramour committed adulterous acts after the
pardon had been granted. Can the wife still be held liable for
adultery?
A: Yes. Even if the husband should pardon his adulterous wife, such
pardon would not exempt the wife and her paramour from criminal
liability for adulterous acts committed after the pardon had been
granted, because the pardon refers to previous and not to
subsequent adulterous acts.
E. Essence of adultery
 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
F. Abandonment without justification is not exempting, but only
mitigating circumstance.
 If the person guilty of adultery committed the offense while
being abandoned without justification by the offended spouse,
the penalty next lower in degree shall be imposed, (last par.,
Art. 333)
 Abandonment should be a mitigating circumstance for both
offenders
Q: Why is the reason why even if the husband abandoned the
wife, she is not justified in committing adultery?
A: 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
Q: A, a soldier, was called to duty overseas and he was
presumed dead. However, he returned and found his wife and
children living with another man. Did the wife committed
adultery? If so, will it be considered mitigating?
A: Yes. Although the woman was not abandoned by her husband in
a way that would constitute the mitigating circumstance, for he left
her in response to a duty, yet 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 then
believed in good faith that her husband had died in the sea. It was
held that her responsibility arising from her act of giving herself up to
the man who had lent her a helping hand during such time of want
and need should be considered mitigated two-fold by sheer
necessity
G. The man, to be guilty of adultery, must have knowledge of
the married status of the woman.
 The man may be single or married.
 With respect to the man, knowledge that the woman with
whom he had sexual intercourse is married, is an essential
element that must be established if he is to be convicted of
adultery.
AFMQ
Q: A is a married woman and she had sexual intercourse with a
man who was not her husband. The man did not know that A
was married. What crime did A commit and the man commit?
A: A committed the crime of adultery for having sexual intercourse
with a man who is not her husband while the marriage is still
subsisting. However, the man who had carnal knowledge with her
not knowing that she is married shall not be liable for adultery.
H. Acquittal of one of the defendants does not operate as a
cause for acquittal of the other
 There may not be a joint criminal intent, although there is joint
physical act
 Thus, one of the parties may be insane and the other sane, in
which case, only the sane could be held liable criminally.
 Thus, also, the man may not know that the woman is married,
in which case, the man is innocent.
 Thus, also, the death of the woman during the pendency of
the action cannot defeat the trial and conviction of the man.
I. Effect of death of offended party
 The proceedings must continue. The theory that a man's
honor ceases to exist from the moment that he dies is not
acceptable.
 Art. 353 seeks to protect the honor and reputation not only of
the living but of dead persons as well.
J. Effect of pardon.
 Art. 344 requires that —
1. The pardon must come before the institution of the
criminal prosecution; and
2. Both the offenders must be pardoned by the offended
party.
Q: What is the effect if the offended party had sexual
intercourse with the wife after she committed adultery?
A: The act of having intercourse with the offending spouse
subsequent to adulterous conduct is, at best, an implied pardon of
said adulterous conduct
K. Consent of the husband
 The charge of adultery should be dismissed because of
consent
 If the husband agrees with the wife to separate, he may be
considered as having consented to the infidelity of his wife,
which bars him from instituting criminal complaint
V. Other concepts
 Carnal knowledge may be proved by circumstantial evidence.
 Death of the paramour 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
 Under the law, there cannot be an accomplice in the crime of
adultery, although in fact there can be such an accomplice.
AFMQ
Q: Why can’t there be a crime of an impossible crime of
adultery?
A: Impossible crime is only applicable to crimes against persons or
property. Adultery is a crime against chastity.
Each sexual intercourse constitutes a crime of adultery even if it
involves the same man.
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.
I. Crime/s under this article:
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
II. 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
circumstances, with a woman who is not his wife; or
3. By cohabiting with her in any other place.
III. Elements
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.
IV. Key Concepts
A. Concubinage is a violation of the marital vow.
 Like adultery, concubinage is a violation of the marital vow.
 It is, however, unlike adultery in the sense that the infidelity of
the husband does not bring into the family, spurious offspring.
B. The offenders are the married man and the woman who
knows him to be married.
 The offender must be a married man. The woman becomes
liable only when she knew him to be married prior to the
commission of the crime.
C. A married man is not liable for concubinage for mere sexual
relations with a woman not his wife.
 A married man is liable for concubinage only when he does
any of the three acts specified in Art. 334.
 If his sexual relations with a woman not his wife is not any one
of them, he is not criminally liable
AFMQ
Q: A is married and he has a paramour with whom he has
sexual relations on a regular basis. A and his paramour would
meet at least twice a week in hotels, motels, or other places
where they can be alone. Is A guilty of concubinage?
A: A is not guilty of concubinage. Under the law, the sexual
intercourse that must be committed must be in a scandalous
circumstance. In this case, they did not commit the act in such
manner.
AFM:
 However, in People vs. Santos, the Supreme Court said that
having sexual relations on a more or less regular basis in hotels
or motels may be considered as scandalous circumstance that
offends public conscience giving rise to criticisms and general
protest.
 In another bar problem where the facts would not mention that
the sexual intercourse was done on a regular basis, in that
problem, the man only had sexual intercourse with his paramour
once in a motel, the suggested answer is that there is no
concubinage because it was not done under scandalous
circumstances.
D. Concubinage by keeping a mistress in the conjugal dwelling.
 When the mistress lived in the dwelling of the spouses for
about two months, no positive proof of actual intercourse is
necessary
Q: The wife left the conjugal home and lived with her parents
because of troubles between her husband and herself. The
husband took into the house his co-accused and they lived
together conjugally. Is there concubinage?
A: Yes. The husband was guilty of concubinage by keeping a
mistress in the conjugal dwelling. When the mistress lived in the
dwelling of the spouses for about two months, no positive proof of
actual intercourse is necessary.
Q: What about the fact that it was not proven that they had
sexual intercourse, further that it was scandalous?
A: The law provides that any of the acts constitute concubinage. In
this case, the husband consummate the crime the moment he satisfy
the first act which is keeping a mistress in the conjugal dwelling.
E. Mistress and Conjugal Dwelling
 it is necessary that the woman is taken by the accused into
the conjugal dwelling as a concubine
 By "conjugal dwelling" is meant the home of the husband and
wife even if the wife happens to be temporarily absent on any
account.
Q: A lived in the house of the spouses Hilao, she was never
considered as concubine of accused Jesus Hilao. She was
voluntarily taken and sheltered thereat and treated as an
adopted child by the spouses. Can the accused be convicted of
concubinage?
A: No. The woman must be taken as a concubine and not in any
other capacity
Q: May a house, constructed from the proceeds of the sale of
conjugal properties of the spouses, especially where they had
intended it to be so, be considered as a conjugal dwelling?
A: Yes. The fact that the wife never had a chance to reside therein
and that the husband used it with his mistress instead, does not
detract from its nature.
F. Concubinage by having sexual intercourse under scandalous
circumstances.
 It is only when the mistress is kept elsewhere (outside of the
conjugal dwelling) that "scandalous circumstances" become
an element of the crime
 Scandal consists in any reprehensible word or deed that
offends public conscience, redounds to the detriment of the
feelings of honest persons, and gives occasion to the
neighbors' spiritual damage or ruin.
G. Concubinage by cohabiting with a woman in any other place.
 In the third way of committing the crime, mere cohabitation is
sufficient. Proof of scandalous circumstances is not
necessary.
Q: A and B, both married to other persons, rented a place in
Naga where they lived for a while. A’s wife sued him for
concubinage. A argued that he and B never had any sexual
intercourse. Is the contention tenable?
A: No. Where a married man and a woman began their illicit relations
in 1937 and went to Naga where they dwelt together as husband and
wife in the house of one Alfonsa Toledo, occupying one room in
which they slept alone, it was held that his association with his co-
accused is sufficient to constitute a cohabitation within the meaning
of the law even disregarding proofs of actual sexual intercourse.
H. Meaning of "cohabit."
 The term "cohabit" means 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.
Q: A man was surprised by his wife in a hotel with another
woman. Did he commit concubinage?
A: No. Because there is no cohabitation.
Q: A man bought house for his mistress but does not stay
there. Did he commit concubinage?
A: No. Because there is no cohabitation.
I. 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 (husband's) name and
receiving support from him
V. Other concepts
 The qualifying expression "under scandalous circumstances"
refers to the act of sexual intercourse which 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.
AFMQ
Q: May a husband be liable for concubinage and adultery at the
same time?
A: Yes. When the husband commits concubinage with a married
woman and provided that the two offended parties, i.e., his wife and
the husband of his mistress file separate cases against him.
Gablex Pointers
 In both adultery and concubinage, knowledge is an element.
 Adultery is more severely punished because
Chapter 2:
Rape and Acts Of Lasciviousness
Art. 335. When and how rape is committed. - Rape is committed
by having carnal knowledge of a woman under any of the following
circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious;
and
3. When the woman is under twelve years of age, even though
neither of the circumstances mentioned in the two next preceding
paragraphs shall be present.
The crime of rape shall be punished by reclusion perpetua.
Whenever the crime of rape is committed with the use of a deadly
weapon or by two or more persons, the penalty shall be reclusion
perpetua to death.
When by reason or on the occasion of the rape, the victim has
become insane, the penalty shall be death.
When rape is attempted or frustrated and a homicide is committed by
reason or on the occasion thereof, the penalty shall be likewise
death.
When by reason or on the occasion of the rape, a homicide is
committed, the penalty shall be death. (As amended by R.A. 2632,
approved June 18, 1960, and R.A. 4111, approved June 20, 1964).
I. Note:
The Anti-Rape Law repealed Art 335 and transferred it to Art
266, thereby making rape a crime against persons rather than
crime against chastity
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..
I. Crime/s under this article:
Acts of lasciviousness
Any person who shall commit any act of lasciviousness upon other
persons of either sex
II. Acts punishable:
 By using force or intimidation; or
 When the offended party is deprived of reason or otherwise
unconscious;
 By means of fraudulent machination or grave abuse of
authoity;
 When the offended party is under 12 years of age or is
demented
III. Elements
1. That the offender commits any act of lasciviousness of
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; or
b. When the offended party is deprived of reason or
otherwise unconscious;
c. By means of fraudulent machination or grave abuse of
authoity;
d. When the offended party is under 12 years of age or is
demented.
IV. Key Concepts
A. Lewd, defined
 Like "Lewd" is defined as obscene, lustful, indecent,
lecherous. It signifies the form of immorality which has relation
to moral impurity; or that which is carried on a wanton
manner.
 The presence or absence of lewd designs is inferred from the
nature of the acts themselves and the environmental
circumstances.
B. Motive of lascivious acts is not important because the
essence of lewdness is in the very act itself.
 It is not a defense that appellant was motivated not by
lewdness but by a desire to avenge
Q: Taking advantage of the fact that Paula Bautista, a young
married woman, was alone in her house with no companion but
her three-year old child who was then asleep, the accused,
between 3 and 4 o'clock in the afternoon, 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 her breasts. When Paula recovered from the
shock, she defended herself as best as she could and in spite of
the fact that the accused threatened to kill her with a dagger if
she did not accede to his desire, she bit him on the right side of
the chest thereby forcing him to release her instantly. What
crime did he commit?
A: The foregoing proven facts constitute the crime of acts of
lasciviousness
C. In some cases, touching the breast of a woman is considered
unjust vexation only.
 In a case where the accused, inside a Catholic church and
after the service had 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 Court of Appeals 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."
 When a man embraces and kisses a woman three times and
intentionally fondles 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.
 Considering that the embracing and kissing of the girl took
place in a taxicab while passing along a public thoroughfare
and at about noon time, it is difficult to believe that the
appellant could have desired more than the ordinary outburst
of one in love. While the appellant might have take liberties
with the person of the offended party against her strong
resistance, it did not appear that the appellant was prompted
by lust or lewd designs.
D. The act of lasciviousness must be committed under any of
the circumstances mentioned in the definition of the crime of
rape.
 The circumstances are: (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) when the offended party is under 12
years old or is demented.
E. Moral compulsion amounting to intimidation is sufficient
 In cases of acts of lasciviousness, it is not necessary that the
intimidation or physical force be irresistible, it being sufficient
that some violence or moral compulsion, equivalent to
intimidation, annuls or subdues the free exercise of the will of
the offended party
F. Abuses against chastity distinguished from offenses against
chastity.
Abuses against chastity (Art. crimes against chastity (Art.
246) 336)
Committed by a public officer, offender is, in the majority of
and that a mere immoral or cases, a private individual, and it
indecent proposal made is necessary that some actual act
earnestly and persistently is of lasciviousness should have
sufficient been executed by the offender
G. Distinguished from attempted rape. ♣
Acts lasciviousness Attempted rape.
Acts does not indicate that his the acts performed by the
purpose is to lie with the woman offender clearly indicate that his
but only to commits acts with purpose was to lie with the
lewd designs offended woman
lascivious acts are not just lascivious acts are but the
preparatory acts but the intended preparatory acts to the
act already commission of rape
Q: What are acts which suggest intention of the accused to
commit rape?
A: he acts of the accused, which consisted of 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
through force and intimidation.
H. Acts of lasciviousness distinguished from unjust vexation.
Acts lasciviousness unjust vexation
the accused not only kissed and the accused merely kissed and
embraced the complainant, but embraced the complainant, either
fondled her breast with the out of passion or other motive,
particular design to touching the girl's breast as a
independently derive vicarious mere incident of the embrace
pleasure therefrom, the element
of lewd designs exists
I. No attempted or frustrated crime of acts of lasciviousness.
 from the moment the offender performs all the elements
necessary for the existence of the felony, he actually attains
his purpose and, from that moment, all the essential elements
of the offense have been accomplished.
 From the standpoint of the law, there can be no frustration of
acts of lasciviousness, because no matter how far the
offender may have gone towards the realization of his
purpose, if his participation amounts to performing all the acts
of execution, the felony is necessarily produced as a
consequence thereof.
V. Other concepts
 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.
 There is no attempted crime of acts of lasciviousness.
Gablex Pointers
 What is punished in acts of lasciviousness is the commission of
any acts of lasciviousness.
 Lasciviousness means lewd, obscene, lustful, indecent
 There are a lot of lascivious acts such as touching of private
parts or fondling of breasts. But when the act indicates intent to
have carnal knowledge, it becomes rape or attempted rape
 Intent to commit acts of lasciviousness is not material. The
crime is consummated upon the commission of any acts
 Thus, what must be determined is not the intent but whether the
act is lewd or simply vexatious
Chapter 3:
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.
I. Crime/s under this article:
Qualified seduction
Seduction of a virgin over 16 years and under 18 years of age by
certain persons, such as, a person in authority, priest, teacher, etc.;
and Seduction of a sister by her brother, or descendant by her
ascendant, regardless of her age or reputation.

II. Classes of qualified seduction:
 Seduction of a virgin over 16 years and under 18 years of age
by certain persons, such as, a person in authority, priest,
teacher, etc.; and
 Seduction of a sister by her brother, or descendant by her
ascendant, regardless of her age or reputation.
III. Elements
a. 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
b. Seduction of a sister by her brother, or descendant by her
ascendant
1. There must be seduction
2. The victim is the sister or a descendant
IV. Key Concepts
A. The offended party must be a virgin, over 16 years and under
18 years of age.
 She must be a virgin and over 16 years but under 18 years of
age.
 Virginity is presumed if the woman is unmarried and of good
reputation
 If the woman is married and the offender knows it, having
sexual intercourse with her is adultery.
 If the victim is less than 15 years of age, the crime is rape
 If the victim is over 18 years of age, qualified seduction is not
committed.
B. Offended party need not be physically virgin.
 The virginity to which the Penal Code refers is not to be
understood in so material a sense as to exclude the idea of
abduction of a virtuous woman of good reputation.
 She is still considered a virgin if she had intercourse with only
other
 If the girl had carnal relations with other men, her chaste
character was then open to question. Thus, in law, she is no
longer a virgin.
C. There must be sexual intercourse in qualified seduction
 If there is no sexual intercourse and only acts of lewdness are
performed, the crime is act of lasciviousness under Art. 339.
D. Who could be the offenders in qualified seduction?
 Those who abused their authority:
o Person in public authority.
o Guardian.
o Teacher.
o Person who, in any capacity, is entrusted with the
education or custody of the woman seduced.
 Those who abused confidence reposed in them:
o Priest.
o House servant.
o Domestic.
 Those who abused their relationship:
o Brother who seduced his sister.
o Ascendant who seduced his descendant.
Q: What makes the crime of qualified seduction?
A: 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
E. Deceit is not an element of qualified seduction.
  It is settled that deceit, although an essential element of
simple seduction, does not need to be proved in a charge of
qualified seduction. It is replaced by abuse of confidence.
F. The fact that the girl gave consent to the sexual intercourse
is no defense.
 Lack of consent on the part of the girl to the sexual
intercourse is not an element of the offense
G. Meaning of "domestic."
 "Domestic" is a person usually living under the same roof,
pertaining to the same house.
 The term "domestic" 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.
H. 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.
I. Qualified seduction by seducing a sister or descendant.
 The seduction of a sister or descendant 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 by
consanguinity. The relationship need not be legitimate.
 If the sister or descendant is under 12 years of age, the crime
would be rape. If she is married and over 12 years of age, it
would be adultery
V. Other concepts
 Even if the accused is not the teacher of the offended party, it
is sufficient if the accused is a teacher in the same school,
because of his moral influence as member of the faculty over
the student.
 If the master shall have sexual intercourse with a female
servant, a virgin over 12 but less than 18 years of age, it is
also qualified seduction, covered by the phrase "any person
who, in any capacity, shall be entrusted with x x x the custody
of the woman seduced."
 A person who had sexual intercourse with the cousin of his
wife, then living with them in the house and a virgin under 18
years old but over 12 years, is guilty of qualified seduction. He
took advantage of his authority and abused the confidence
and trust reposed in him as head of family and master of the
house.
 When the girl went to the church to confess, the priest, upon
meeting her, embraced and kissed her. The priest made her
lie on a board on the floor and had sexual intercourse with
her. The priest was guilty of qualified seduction.
 The accused charged with rape cannot be convicted of
qualified seduction under the same information.
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.
I. Crime/s under this article:
Simple seduction
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
II. Acts punishable:
  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
III. Elements
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.
IV. Key Concepts
A. The offended girl must be over 12 and under 18 years of age.
 If she is under 12 years old, the crime is rape, even if the
offender succeeds in having sexual intercourse with her by
means of deceit.
 If she is over 18 years of age, there is no force or intimidation
or she is not unconscious or otherwise deprived of reason,
B. Virginity of offended party is not required.
 Unlike in qualified seduction, simple seduction does not
require the woman to be a virgin
 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.
Q: Does a woman who had sexual intercourse because she was
raped be a victim of simple seduction?
A: Yes. A woman who was raped before may be the victim of simple
seduction, provided she is a woman of good reputation
Q: What if the woman had illicit relations with a number of men?
A: No. a woman, who had illicit relations with a number of men prior
to accused's sexual intercourse with her, is not of good reputation.
C. There must be sexual intercourse.
 If there is no sexual intercourse and only acts of lewdness are
performed, the crime is acts of lasciviousness under Art. 339.
D. Deceit generally takes the form of unfulfilled promise of
marriage
 Deceit generally takes the form of unfulfilled promise of
marriage and this promise need not immediately precede the
carnal act
 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.
Q: B, a promise of marriage to A to have carnal knowledge with
her. A knew that B is a married man. Is there seduction?
A: No. A promise of marriage made by a married man, whom the
woman knew to be married when she surrendered herself, could not
have induced her to do so; and in such a case, it is clear that there
was no reliance on the promise.
Q: What if the promise of marriage was made after the sexual
intercourse?
A: There is no seduction.
A promise of marriage made after the sexual intercourse had taken
place, or after the woman had yielded her body to the man's illicit
embraces, cannot be held to have induced the woman to surrender
her virtue.
E. Purpose of the law in punishing simple seduction
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 fulfilll his
promise, a character despicable in the eyes of every decent,
honorable man.
F. Deceit consisting in unfulfilled promise of material things
 If a woman under 18 years old, but over 12, agrees to a
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.
G. Distinguish: Qualified vs Simple Seduction ♣♣♣
Qualified Seduction Simple Seduction
1. The seduction of a minor, The seduction of a minor, sixteen
sixteen and over but under and over but under eighteen
eighteen years of age, years of age, committed by
committed by any person in means of deceit.
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 minor
seduced
2. Any person who shall seduce
his sister or descendant,
whether or not she be a virgin
or over eighteen years of age.
V. Other concepts
 A man who is willing and ready to marry the girl seduced by
him may be held liable for simple seduction. It is believed that
he is liable, because his willingness to marry her may still
amount to deceit as when the man knows that the girl cannot
legally consent to the marriage, and yet he makes a promise
to marry her.
 The carnal relations had after the complainant was over 18
years does not constitute a continuation of the offense begun
when she was under 18 years of age
Gablex Pointers
 The recent law passed which raises the age of statutory rape to
16 years old also raised the same in seduction. Thus, seduction
of a minor is from 16 – 18 years old.
o Before: if 12 years old and below the crime is
statutory rape; if 12-18 yo crime is seduction
o Now: if 16 years old and below the crime is statutory
rape; if 16-18, crime is seduction
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.
I. Crime/s under this article:
Acts of lasciviousness with the consent of the offended party
Any other acts of lasciviousness committed by the same persons
and the same circumstances
II. Acts punishable:
 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
III. 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 accomplishes the acts by abuse of authority,
confidence, relationship, or deceit.
IV. Key Concepts
A. Male cannot be the offended party in this crime
 Note that Art. 339, unlike Art. 336, does not mention "persons
of either sex" as the offended party.
B. "Committed by the same persons and under the same
circumstances as those provided in Arts. 337 and 338."
Q: A, a girl 16 years of age, and B were lovers. While they were
in the theater, B kissed A, touched her breast, including her
private parts with the consent of A. Was B guilty of acts of
lasciviousness with the consent of the offended party?
A: No. 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 circumstances which would make it
qualified or simple seduction had there been sexual intercourse,
instead of acts of lewdness only.
In the problem given, B did not accomplish the act by abuse of
authority, confidence or relationship. B did not commit the act by
means of deceit
C. "With the consent of the offended party."
 The offended woman may have consented to the acts of
lasciviousness but the consent is obtained by abuse of
authority, confidence or relationship or by means of deceit
D. Art. 336 and Art. 339, compared.
Art. 336 Art. 339
the acts are committed the acts of lasciviousness are committed
under circumstances under the circumstances which, had there
which, had there been been carnal knowledge, would amount to
carnal knowledge, would either qualified seduction or simple
amount to rape seduction. There may be consent, but
there is either abuse of authority,
confidence, or relationship, or deceit
E. Penalty when victim is under 12 years of age
 The penalty for acts of lasciviousness with the consent of the
offended party shall be one (1) degree higher than that
imposed by law when the victim is under 12 years of age
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).
I. Crime/s under this article:
Corruption of minors
Any person who shall promote or facilitate the prostitution or
corruption of persons underage to satisfy the lust of another
II. Acts punishable:
 Promoting or facilitating prostitution of underage persons
III. Key Concepts
A. Habituality or abuse of authority or confidence, not
necessary.
  Before Art. 340 was amended by Batas Pambansa Big. 92,
the essential requisite of the offense is that there must be
habituality
 As the amended Art. 340 is worded, it is not now a requisite of
the crime of corruption of minors
B. To satisfy the lust of another."
 Note the phrase "to satisfy the lust of another."
 Therefore, one who casts for his own ends does not incur the
sanction of the law
C. 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.
Q: A was charged with corruption of minors. He argued that
while he facilitated the prostitution, the minor had not engaged
sexual intercourse. Is the argument tenable?
A: No. A mere proposal will consummate the offense. Thus, a father,
who proposes to his daughter that she accompany a man to satisfy
the lust of the latter, commits a consummated corruption of minors
D. Child Prostitution under Rep. Act No. 7610.
 Sec. 5. Child Prostitution and Other Sexual Abuse. - Children,
whether male or female, who for money, profit or other
consideration or due to the coercion or influence of any adult
syndicate or group, indulge in sexual intercourse or lascivious
conduct, are deemed to be children exploited in prostitution
and other sexual abuse.
 The penalty of reclusion temporal in its medium period to
reclusion perpetua shall be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child
prostitution which include, but are not limited to, the following:
 Acting as a procurer of a child prostitute;
 Inducing a person to be a client of a child prostitute by
means of written or oral advertisements or other similar
means;
 Taking advantage of influence or relationship to
procure a child as a prostitute;
 Threatening or using violence towards a child to
engage him as a prostitute;
 Giving monetary consideration, goods or other
pecuniary benefit to a child with the intent to engage
such child in prostitution
E. Attempt to Commit Child Prostitution under Rep. Act No.
7610
 Sec. 6. Attempt to Commit Child Prostitution. — There is
attempt to commit child prostitution under Section 5,
paragraph (a) thereof when any person who, not being a
relative of a child, is found alone with the said child inside the
room or cubicle of a house, an inn, hotel, motel, pension
house, apartelle or other hidden or secluded area under
circumstances which lead a reasonable person to believe that
the child is about to be exploited in prostitution and other
sexual abuse.
IV. Other concepts
 The term "persons under age" means a person below 18
years of age
 The victim must be of good reputation, not a prostitute or
corrupted person.
 The penalty for corruption of minors shall be one (1) degree
higher than that imposed by law when the victim is under 12
years of age.
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  In a violation of the white slave trade law, habituality is not
Pambansa Blg. 186.) necessarily an element.
 A person engaged in the business of prostitution need not be
the owner of the house.
 The presence of the maintainer or manager of a house of ill-
I. Crime/s under this article:
repute at the time of a raid or an arrest or while the illicit traffic
is being conducted is not a condition to a criminal prosecution
White slave trade against such maintainer or manager
 One who engaged the services of a woman ostensibly as a
Any person who, in any manner, or under any pretext, shall engage maid but in reality for purposes of prostitution and who in fact
in the business or shall profit by prostitution or shall enlist the dedicated her to such immoral purposes for profit, is guilty of
services of any other for the purpose of prostitution white slave trade
 The penalty for white slave trade shall be one (1) degree
II. Acts punishable: higher than that imposed by law when the victim is under 12
 Engaging in the business of prostitution. years of age
 Profiting by prostitution.
 Enlisting the services of women for the purpose of prostitution.
Chapter 4:
III. Key Concepts Abduction
A. One of those above-mentioned acts is sufficient to constitute
the offense. Art. 342. Forcible abduction. - The abduction of any woman
 Once it is proved that the accused enlisted the services of against her will and with lewd designs shall be punished by reclusion
women for the purpose of prostitution, he is criminally liable temporal.
even if there is no proof that he shared in the profit
The same penalty shall be imposed in every case, if the female
B. Differences between corruption of minors and white slave abducted be under twelve years of age.
trade ♣
Corruption of Minors White Slave Trade I. Crime/s under this article:
It is essential that victims are Minority need not be established.
minors Forcible abduction
Not necessarily for profit It is generally for profit.
It is committed by a single act As a general rule, it may be Abduction of any woman against her will and with lewd designs
committed habitually.
II. Acts punishable:
IV. Other concepts  Abducting a woman against her will and with lewd designs
III. Elements
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.
IV. Key Concepts
A. Meaning of abduction
 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."
B. The woman abducted may be married.
 Art. 342 mentions "any woman" as the victim of the crime of
forcible abduction.
 Hence, the forcible taking away of a married woman, the
offender having lewd designs, is penalized under Art. 342. As
in rape, the civil status, the age, and the reputation of the
woman are immaterial.
C. The taking away of the woman must be against her will.
 The taking away of the woman is against her will, when force
or intimidation is used by the offender
D. The taking away of the woman may be accomplished by
means of deceit first and then by means of violence and
intimidation.
 Thus, when defendant, who had served as an intermediary
between the lovers, told the woman that her lover was
awaiting her at a spot near a growth of sugar cane for the
purpose of joining her and eloping with her, which was not
true, and upon arriving at the place referred to, defendant
caught her by the hand, gave her a slap, and dragged her into
the midst of the sugar cane growing nearby, where,
threatening her with a dagger he had in hand, he overcame
her resistance and succeeded in lying with her, it was held
that defendant was guilty of forcible abduction.
 The Supreme Court said: "It is unquestionable that the
offended woman who had freely gone to the place where she
believed she would find her fiancee, lost her liberty from the
moment defendant opposed her returning home, and that
consequently, it was against her will that she was taken by
defendant into the sugar cane. This was the commencement
of the abduction of the young woman, committed by
defendant with violence and against her will."
E. If the female abducted is under 12 years of age, the crime is
forcible abduction, even if she voluntarily goes with her
abductor.
 In case the female abducted be under 12 years of age, it is
not necessary that she be taken against her will.
 The law says: "The same penalty shall be imposed in every
case, if the female abducted be under 12 years of age." The
reason for this provision is that she has no will of her own and,
therefore, is incapable of giving consent.
AFMQ
Q: A, with lewd designs, took a twelve-year old girl in a nipa hut
in his farm and he had sexual intercourse with her. The girl did
not offer any resistance because she was infatuated with the
man who was good looking and belongs to a rich family. What
crime is committed by A?
A: A committed the crime of statutory rape. The initial intention of the
offender was to have carnal knowledge with the offended party. The
abduction made against the victim was only absorbed in the crime.
F. Sexual intercourse is not necessary in forcible abduction
 Actual illicit relations with the female abducted need not be
shown. The intent to seduce the girl is sufficient.
 If there was sexual intercourse after the forcible abduction,
and the offender used force or intimidation, or when the
woman was deprived of reason, is demented or otherwise
 unconscious, or the victim was under 12 years of age, the J. Forcible abduction distinguished from grave coercion.
offender is liable for the complex crime of forcible abduction Forcible abduction grave coercion
with rape under Art. 266-A in relation to Arts. 335 and 342 of there is violence or intimidation there is violence or intimidation
the Code used by the offender and the used by the offender and the
offended party is compelled to do offended party is compelled to do
AFMQ something against her will something against her will but
Q: Is sexual intercourse an element of forcible abduction? coupled with lewd design there is no lewd design
A: NO. Sexual intercourse is not necessary in forcible abduction, the
intent to seduce a girl is sufficient. Q: A girl was dragged from the doorway of her house to a
waiting vehicle 40 or 50 feet away. What is the crime
G. Lewd designs present in hurried ceremony of marriage by committed?
force. A: Grave coercion.
 When the ceremony of the marriage is merely an artifice by From the moment that the accused, by means of violence and
which the accused sought to escape the criminal intimidation, had taken and put the offended party in the truck
consequences of his acts, the intention to contract marriage against her will, they compelled her to do something against her will.
constitutes lewd designs, as where the offender knows that Since the accused did not molest or attempt to molest her during the
the girl cannot give consent legally to the marriage because of ride and the whole time she stayed with the accused, the element of
minority. lewd design was lacking and, hence, the crime committed was grave
 However, when not only the woman, but the man as well, had coercion under Art. 286.
the required age for consenting to marriage, and it does not
appear that either of them had any impediment to contracting K. Forcible abduction distinguished from corruption of minors
it, the intention to marry does not constitute unchaste designs Forcible abduction corruption of minors
person abducted is any woman promote or facilitate the
coupled with by lewd designs prostitution or corruption of
H. When there are several defendants, it is enough that one of persons underage to satisfy the
them had lewd designs lust
 For the conviction of various defendants for the crime of
abduction, it is enough that there was lewd design by one of L. When there is deprivation of liberty and no lewd designs, it is
them and that the same was known to the others who kidnapping and serious illegal detention (Art. 267).
cooperated in the commission of the felony Forcible abduction kidnapping and serious illegal
detention
I. Nature of the crime of forcible abduction. kidnapping of a woman which kidnapping of a woman which
 In the crime of forcible abduction, the act of the offender is was committed with unchaste was not proven to have been
violative of the individual liberty of the abducted, her honor designs committed with unchaste designs
and reputation, and of public order.
M. Forcible abduction with rape distinguished from kidnapping.
Forcible abduction with rape Kidnapping with rape
the violent taking of a woman is the violent taking of a woman is
motivated by lewd designs then not motivated by lewd designs
rape was committed but there is intent to rape the
victim
N. Forcible abduction with several acts of rape.
 There can only be one complex crime of forcible abduction
with rape.
 The crime of forcible abduction was only necessary for the
first rape
Q: A took B with violence coupled with lewd design. Thereafter
he took her to an abandoned warehouse and raped her. He tied
her to a post and slept afterwards. When he awoke, he raped B
again on two separate occasions. What is the proper crime
charge?
A: One complex crime of forcible abduction with rape and two counts
of rape. The subsequent acts of rape can no longer be considered as
separate complex crimes of forcible abduction with rape. They
should be detached from and considered independently of the
forcible abduction. Therefore, accused should be convicted of one
complex crime of forcible abduction with rape and two separate acts
of rape.
O. Is there a complex crime of forcible abduction with attempted
rape?
 No. The attempt to rape the victim is absorbed by the
abduction, being the element of lewd design of the latter.
P. Forcible abduction only, or rape only.
 If there was an 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
Q. Attempted forcible abduction.
 This happens when the abduction was unsuccessful because
of the resistance of the victim, and it can be clearly inferred
that there was lewd design by the accused such as holding of
the girl around her waist
R. Conviction of acts of lasciviousness, not a bar to conviction
of forcible abduction.
 Even though these crimes are related, they may proceed
independently because they have different elements
 This is because even if accused did not actually commit any
acts of lasciviousness, libidinous designs may exist.
 On the other hand, in the crime of acts of lasciviousness, the
lecherous acts must have actually been committed.
 Moreover, 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.
Accordingly, 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.
There was, therefore, no double jeopardy.
V. Other concepts
 Lewd designs may be shown by the conduct of the accused
such as While inside the car, the accused kissed and
embraced the offended party and often attempted to take hold
of her body, and knowing that the offended party was to be
married to another
 The husband cannot be found guilty of the crime of forcible
abduction of his wife, the element of unchaste or lewd design
being wanting.
Gablex Pointers
 What is punished in forcible abduction is the act of abducting
any woman against her will and with lewd designs
 Hence, what will determine forcible abduction is the intent of the
 offender
 To distinguish against Kidnapping or Illegal detention:
o If the victim is a woman and is abducted to with lewd
design, the crime is forcible abduction
o If the victim is a man and is abducted, the crime is
kidnapping
o If the victim is a woman but without lewd design, the
crime is kidnapping
 To distinguish against grave coercion
o If the victim is compelled to do something against her will
coupled with lewd design, the crime is forcible abduction
o If the victim is compelled to do something against her will
coupled without lewd design, the crime is grave coercion
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.
I. Crime/s under this article:
Consented abduction
Abduction of a virgin over twelve years and under eighteen years of
age, carried out with her consent and with lewd designs
II. Acts punishable:
 Abducting a virgin with her consent coupled with lewd design
III. Elements
1. That the offended party must be a virgin.
2. That she must be over 12 and under 18 years of age.
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.
IV. Key Concepts
A. Meaning of virginity
 Similar to seduction, the virginity referred to in Art. 343 is not
to be understood in so material a sense as to exclude the idea
of abduction of a virtuous woman of good reputation.
B. If virgin is under 12 years old, it is forcible abduction.
 If the offended party is under 12 years of age, the crime
committed is forcible abduction, even if the girl agrees to the
elopement
C. 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, no matter how short is the taking away the crime exists.
D. Consent of the minor to being taken away may be due to
honeyed promises of marriage by the offender.
 where the defendant, by means of honeyed promises of
marriage, induces a minor to leave her house and deflowers
her, and immediately after which she returns to her dwelling,
he is guilty of the offense of consented abduction
E. The taking away must be with lewd designs
 Like in forcible abduction, the element of lewd designs is Chapter 5:
important in consented abduction. Provisions Relative to the Preceding Chapters of Title Eleven
 Actual sexual intercourse with the abducted girl is not
necessary.
 Kissing and holding the body of the girl while being abducted Art. 344. Prosecution of the crimes of adultery, concubinage,
with her consent is indicative of lewd designs seduction, abduction, rape and acts of lasciviousness. - The
crimes of adultery and concubinage shall not be prosecuted except
F. Purpose of the law in punishing the crime of consented upon a complaint filed by the offended spouse.
abduction
 The purpose of the law is not to punish the wrong done to the The offended party cannot institute criminal prosecution without
girl, because she consents thereto, but to prescribe including both the guilty parties, if they are both alive, nor, in any
punishment for the disgrace to her family and the alarm case, if he shall have consented or pardoned the offenders.
caused therein by the disappearance of the one who is, by her
age and sex, susceptible to cajolery and deceit. The offenses of seduction, abduction, rape or acts of lasciviousness,
shall not be prosecuted except upon a complaint filed by the
G. Consented Abduction vs Seduction offended party or her parents, grandparents, or guardian, nor, in any
Consented Abduction Seduction case, if the offender has been expressly pardoned by the above
1. That the offended party must 1. That the offended party is named persons, as the case may be.
be a virgin. over 12 and under 18 years of
2. That she must be over 12 and age. In cases of seduction, abduction, acts of lasciviousness and rape,
under 18 years of age. 2. That she must be of good the marriage of the offender with the offended party shall extinguish
3. That the taking away of the reputation, single or widow. the criminal action or remit the penalty already imposed upon him.
offended party must be with 3. That the offender has sexual The provisions of this paragraph shall also be applicable to the co-
her consent, after solicitation intercourse with her. principals, accomplices and accessories after the fact of the above-
or cajolery from the offender. 4. That it is committed by means mentioned crimes.
4. That the taking away of the of deceit.
offended party must be with I. Crime/s under this article:
lewd designs.
Does not provide for any crime but for rules pertinent to crimes
committed under Title 11
V. Other concepts
 Offended party need not be taken from her house.
 When there was no solicitation or cajolery and no deceit and II. Key Concepts
the girl voluntarily went with the man, there is no crime
committed even if they had sexual intercourse. A. Prosecution of adultery, concubinage, seduction, abduction,
rape and acts of lasciviousness
Crime Complaint by
Adultery and concubinage offended spouse
Seduction, abduction, rape or a. offended party,
acts of lasciviousness b. her parents,
c. grandparents, or
d. guardians in the order in which
they are named above.
B. Underlying principle or reason why crimes against chastity
cannot be prosecuted de oficio.
 Art. 344 was enacted "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."
 In some instances, 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.
C. Rape may be prosecuted de oficio
 Rape is now under crime against persons, thus may proceed
de oficio
 Rape has been reclassified by Republic Act No. 8353 as a
crime against persons and, thus, may be prosecuted even
without a complaint filed by the offended party. It can now be
instituted by any person.
D. Pardon in crimes against chastity
 Pardon of the offenders by the offended party is a bar to
prosecution for adultery or concubinage. (Art. 344, par. 2) The
pardon may be express or implied.
 The term "pardon" refers to the offense after its commission.
"Consent" refers to the offense prior to its commission
Q: May the parents of the offended party pardon the offender?
A: No. The parent of the offended party cannot validly pardon the
offenders in adultery or concubinage.
Q: F was aware that his wife was having carnal relations with M.
With this knowledge, F and his wife executed a separation
agreement. After this agreement was signed by them, F visited
his wife and M in their residence Later, F filed a complaint for
adultery against his wife and M. Will his complaint prosper?
A: No. His complaint for adultery was dismissed, because F had
pardoned the adulterous acts of his wife.
Q: Art. 344 provides that the offenses of seduction, abduction,
rape, or acts of lasciviousness shall not be prosecuted in any
case, if the offender has been expressly pardoned by the
offended party or her parents, grandparents, or guardian, as the
case may be. Can the parent validly grant pardon to the offender
without the express pardon by the offended girl?
A: While the law provides that parents, grandparents or guardians
may pardon, the parent validly grant pardon to the offender without
the express pardon by the offended girl.
The mother of the offended girl, 11 years of age, cannot validly grant
pardon, because the pardon must be granted directly by the
offended party, and it is only when she is dead or otherwise
incapacitated to grant it, that her parents, grandparents or guardian
may do so for her. Pardon by the parent must be accompanied by
the express pardon of the girl herself.
E. Marriage of the offender with the offended party in seduction,
abduction, acts of lasciviousness and rape, extinguishes
criminal action or remits the penalty already imposed.
 Marriage of the offender extinguishes criminal action or remits
the penalty
 Even if the accused as accomplice is already serving
sentence, the marriage of the principal with the offended party
must benefit him
 In rape, marriage extinguishes the criminal action or the
penalty imposed only as to the principal

III. Other concepts
 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
 The imputation of a crime of prostitution against a woman can
be prosecuted de oficio.
 The parent or grandparent, or any other person in behalf of
the offended party, is not authorized by law in any case to
sign and file complaint for adultery or concubinage.
 Both parties in adultery or concubinage must be included in
the complaint even if one of them is not guilty
 When the offended party is a minor and she does not file the
complaint, this may be done by her parents, grandparents or
guardian, in the order named
 When the offended party is of age and is in complete
possession of her mental and physical faculties, she alone
can file the complaint.
 The complaint, which must be signed by the offended party,
must be filed in court, not with the fiscal
 Rape complexed with another crime need not be signed by
the offended woman
 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.
 Silence or acquiescence of the accused does not cure fatal
defect
 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.
 Delay in the filing of complaint, if satisfactorily explained, does
not indicate pardon.
 The pardon must be express in seduction, abduction, rape, or
acts of lasciviousness.
 Pardon by the offended party who is a minor must have the
concurrence of parents.
 Actual marriage, not desire to marry, extinguishes criminal
liability.
 Marriage of the offender with the offended party in other
crimes does not extinguish criminal liability of the offender
(such as libel, kidnapping, etc)
 Marriage of parties guilty of adultery or concubinage, not
included in extinguishment of liability
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.
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.
I. Crime/s under this article:
Does not provide for any crime but for civil liability
II. Key Concepts
A. 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.
B. Civil liability of the adulterer and the concubine.
 The adulterer and the concubine can be sentenced only to
indemnify for damages caused to the offended spouse.
C. Under the Revised Penal Code, there is no civil liability for
acts of lasciviousness.
 Note that Art. 345 mentions only person guilty of rape,
seduction, or abduction, and the adulterer and concubine. The
person guilty of acts of lasciviousness is not mentioned.
AFMQ
Q: Will persons guilty of acts of lasciviousness also incur any
civil liability?
A: No civil liability is incurred for acts of lasciviousness because it is
not expressly provided under the law.
D. Moral damages in crimes against chastity.
 Art. 2219 of the Civil Code provides that moral damages may
be recovered in seduction, abduction, rape, or other 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.
E. 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 that an unwilling
mother may gave birth to an undesired offspring
 Only indemnity is allowed in rape of a married woman.
III. Other concepts
 Only civil liability is possible because acknowledgment of the
offspring is not legally possible, since only children born of
parents who could marry at the time of conception may be
acknowledged.
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.
I. Crime/s under this article:
Does not provide a crime but only for penalty of ascendants,
guardians, teachers, or other persons entrusted with the
custody of the offended party
II. Key Concepts
A. Persons who cooperate as accomplices but are punished as
principals in rape, seduction, abduction, etc. To indemnify the
offended woman.
 They are:
1. Ascendants,
2. Guardians,
3. Curators,
4. Teachers, and
5. Any other person, who cooperates as accomplice with
abuse of authority or confidential relationship.
 Actually, these persons participate as accomplices in the
commission of any of the crimes mentioned, but they are held
liable as principals.
 There is another crime where the accomplice is punished as
principal, and that is the crime of slight illegal detention. (Art.
268, par. 2)