Good day everyone!

I am Almonry Bagasino and the assigned report for me are Article 338
Simple Seduction and Article 339 Acts of Lasciviousness with Consent of the offended party.

I will start reporting on Article 338 Simple Seduction and the next article will follow.

So, let me define first the Article 338 Simple Seduction.

Article 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.

Under Article 338 of the Revised Penal Code, the elements of simple seduction are: 

1.  That the offended party is over 12 and under 18

2.  That she must be of good reputation, single or widow

3.  That the offender has sexual intercourse with her

4.  That it is committed by means of deceit

Let me share to you a sample case regarding with this article.

• The accused went to the house of his fiancée, her parents then being absent, and availing
himself of that opportunity, with a renewal of his promise to make he his wife, he succeeded
in having sexual intercourse with her. Held: The accused is guilty of simple seduction.
Deceit, the usual form of which being an unfulfilled promise of marriage, is an important
element of the offense.

The offended girl must be over 12 and under 18

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

Virginity of the offended party is not required

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

There must be sexual intercourse

• If there is no sexual intercourse and only acts of lewdness are performed, the crime is acts
of lasciviousness.
Now, I will proceed on Article 339 Art. 339.  Acts of lasciviousness with the consent
of the offended party. — The penalty of arresto mayor shall be imposed to punish
any other acts of lasciviousness committed by the same persons and the same
circumstances as those provided in Articles 337 and 338.  

Elements

1.  That the offender commits acts of lasciviousness or lewdness

2.  That the acts are committed upon a woman who is a virgin or single or widow of good
reputation, over 12 but under 18, or a sister or a descendant regardless of her
reputation or age

3.  That the offender accomplishes the acts by abuse of authority, confidence,

relationship, or deceit
Acts of Lasciviousness with the Consent of the Offended Party Offended
party

• Male cannot be the offended party in this crime because unlike Article 336, Article 339
does not mention “persons of wither sex” as the offended party.

“Committed by the same persons and under the same circumstances as those provided in
Articles 337 and 338.”

• In order that the crime of acts of lasciviousness with the consent of the offended party may
be committed, it is necessary that the crime is committed under the circumstances which
would make it qualified or simple seduction had there been sexual intercourse, instead of acts
of lewdness only.

“With the consent of the offended party”

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

• Under Article 336, the acts are committed under circumstances which, had there been
carnal knowledge, would amount to rape.

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

Penalty when victim is under 12

• One degree higher than that imposed by law when the victim is under 12 years of age (Sec.
10, RA No. 7610)