ABUSES AGAINST CHASTITY

1. Upon any public officer who shall

Article 245. Abuses against
solicit or make immoral or indecent
chastity; Penalties. - The
advances to a woman interested in
PROVISION ON WOMEN’S penalties of prision
correccional in its medium and
matters pending before such officer
for decision, or with respect to which
RIGHT UNDER THE maximum
temporary
periods and
special
he is required to submit a report to or
consult with a superior officer;
REVISED PENAL CODE disqualification
imposed:
shall be

If the person solicited be the wife, daughter, sister of relative within the
same degree by affinity of any person in the custody of such warden or
officer, the penalties shall be prision correccional in its minimum and
medium periods and temporary special disqualification.

Abuses against chastity is different from Crimes against

Chastity which are private crimes and require a complaint DIFFERENCE BETWEEN CRIMES AGAINST
to be prosecuted. The crimes against chastity are as
follows: PERSONS AND ABUSES AGAINST CHASTITY
crimes against persons crimes against chastity

In crimes against persons the acts are In crimes against chastity punishes
punished for the harm done to an persons for acts done against a virtue.
1. Adultery
individual person's being regardless of
2. Concubinage sex.
3. Acts of lasciviousness
4. Seduction Crimes against chastity emphasize the
5. Corruption of minors virtue more than the person.
6. Whit slave trade Crimes against persons recognize that
7. Forcible abduction individuals are conscious beings who
are sovereigns in their own right of
their own bodies, thoughts, and lives.

WHEN DO ABUSES AGAINST CHASTITY WHEN DO ABUSES AGAINST CHASTITY

OCCUR? OCCUR?
There are three situations when the crime is committed
and in all three a woman is the victim. (batasnatin.com)

First situation: by soliciting or making
immoral advances to a woman interested
in matters pending before the public
officer, or with respect to which he is
required to submit a report to or consult
with a superior
The elements for the first situations: Second situation: by soliciting or making immoral
Second situation: by
advances to a woman under his care and custody or
1. The offender is a public officer soliciting or making immoral
persons under arrest.
advances to a woman under
2. There is pending before the public officers a matter his care and custody or
which the woman is interested or with respect thereto he persons under arrest.
is required to submit a report to or consult with a superior;
and
3. He solicits or makes an indecent or immoral advances
upon said woman.
 First Situation: by soliciting or making immoral advances
WHEN DO ABUSES AGAINST CHASTITY to a woman interested in matters pending before the
OCCUR? public officer, or with respect to which he is required to
submit a report to or consult with a superior

WHAT DOES SOLICIT MEANS? WHAT IS REQUIRED OF THE ADVANCES MADE?

Third situation: The person solicited is

the wife, sister, daughter or relative by Solicit means to propose The advances must be immoral or indecent. The
affinity in the same line of a prisoner or earnestly and persistently crime of abuses against chastity is consummated
persons under arrest. (Note the mother is something unchaste and immoral by mere proposal because it is sufficient that
not included.) to a woman. there is soliciting or making immoral or indecent
advances to the woman. It is not necessary that
the woman solicited should have yielded to the
solicitation of the offender.

FIRST SITUATION
WHO ARE PUBLIC OFFICERS?
Element no. 1

1. The offender is any public officer. Public officers are those who are
Included as public officers are those who assumed office
elected like the barangay captain
because they are appointed such as the secretaries and
WHO ARE PUBLIC OFFICERS? and kagawad, councilors,
officers in the government among others.
congressman, senators and the
president.

Public Officer is any person, who, by direct provision of

law, popular election or appointment by competent
authority, shall take part in the performance of public
functions in the government, or shall perform in said
Those employed in the
government or in any of its branches public duties as an
government who perform
employee, agent or subordinate official of any rank or
class. public function and public
duties are also considered
as public officers.

FIRST SITUATION FIRST SITUATION

Element no. 2 Element no. 3

He solicits or makes an indecent or immoral

advances upon said woman.
There is pending before the public officers a matter which
the woman is interested or with respect thereto he is
required to submit a report to or consult with a superior;
and To solicit is to demand, suggest, proposed or ask for
sexual favors. It must be characterized by
earnestness and persistence, not just a casual
remark even if improper.

Mere solicitation consumates the crime even if the

solicitation or advances had been rejected.
Example of element number 3 Situation number 2:

Second situation: by soliciting or making immoral

A barangay captain approach a
woman complainant and inform
her, “if you will let me embrace
and kiss you, I will decide the
complaint in your favor”.
If as a consequence the officer succeeded to embrace
and kiss the woman, the officer thereby commit another
felonious act, the same is considered a separate offense.
The brgy. Captain can be charged with acts of
lasciviousness in addition to abuses against chastity.
advances to a woman under his care and custody or
persons under arrest.
Elements for the second situation Illustration:
Juana was arrested for possession of prohibited
1. The offender is a warden or any drugs. While putting the handcuff the policeman
other public officer charged with the mentioned to Juana if he will kiss her passionately,
custody of prisoners or persons under he will set her free.
arrest; and
2. Solicits or make immoral or indecent
advances to a woman under his The policeman can be charged with abuses against
custody. chastity.
The offender is any person who is directly
charged with the care and custody of
prisoners, or persons under arrest such as
Jail Guards and law enforcers who have
arrested a woman who has not yet been
turned over to the jail. Female guards and
law enforcers are included

Situation no. 3 II. CONCUBINAGE (Article 334)

Upon a female relative who is the wife,
sister, daughter or relative by affinity in
the same line of a prisoner. (Note the
mother is not included.)
If the person solicited is the wife, sister,
daughter or relative by affinity of any
person under the custody of such
warden or public officers, the act
becomes qualified.
Illustration:
The arresting officer inform the wife of
the person arrested to kiss and
embrace him so he will not detain her
husband. The arresting officer can be
charged with abuses against chastity.
Article 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.

In summary, this crime is committed by mere solicitation or

making of indecent or immoral advances. Mere proposal
consummates the crime.

WAYS OF COMMITTING CONCUBINAGE

THE ELEMENTS FOR THE CRIME OF CONCUBINAGE

Not all sexual relations of a married man falls within Article
ARE AS FOLLOWS: 334. There are three ways of committing concubinage:
1. That the man must be married.
There is concubinage when a husband:
2. That he commit any of the following acts:
a. Keeping a mistress iin the conjugal dwelling; 1. keeps a mistress in the conjugal dwelling; or

b. Having sexual intercourse under scandalous

circumstances with a woman who is not his wife; 2. has sexual intercourse, under scandalous
c. Cohabiting with her in any other place. circumstances, with a woman who is not his wife; or

3. That as regards the woman, she must know him to be a 3. cohabit with her in any other place.
married man.
1. SHALL KEEP A MISTRESS IN THE CONJUGAL 2. SHALL HAVE SEXUAL INTERCOURSE UNDER
DWELLING SCANDALOUS CIRCUMSTANCES

It is not enough that a married man has sexual

Illustration:
intercourse with his mistress. It must be shown
The concubine must live in the conjugal dwelling even for
that it was done under scandalous circumstances.
brief periods of time, and not where she occasionally
comes for a tryst or to spend the night therein. The husband was seen with the woman in
social and public gatherings; introducing or
Scandalous circumstances are not necessary to make him WHAT IS A SCANDALOUS CIRCUMSTANCE? treating the woman as though she were the
liable for this crime. Scandalous circumstances is only an wife.
element of the crime if the concubine is kept elsewhere.
Scandalous circumstances mean that the
affair was done in the general sight of the
community as to offend modesty and the
innate sense of morality and decency of
the community.

3. COHABIT WITH HER IN ANY OTHER PLACE

WHO CAN FILE A COMPLAINT FOR CONCUBINAGE?
WHAT DOES COHABIT MEAN?
It is only the offended wife who can file a complaint
To cohabit is to dwell and live together as husband and because concubinage is a private crime.
wife in other place.

Cohabit means the husband live with the other woman as WHAT IS A PRIVATE CRIME?
though they were married
A private crime is one which cannot be prosecuted except
upon a complaint filed by the offended party.

This is to give consideration to the offended party who

may choose not to file the case so as not to go through a
scandal of a public trial.

QUESTION: QUESTION:
MARITAL INFIDELITY UNDER THHE VAWC LAW Can a woman commit concubinage? Who can be punished in the commission of
concubinage?
ANSWER:
Unfaithfulness or repeated marital infidelity is considered ANSWER:
as psychological violence which is punishable with a stiffer No, concubinage can only be
Both the husband and the concubine can be punished
imprisonment of 6 years and 1 day to 12 years under committed by men. The opening
for concubinage
Republic Act No. 9262, otherwise known as the sentence of Article 344 clearly state,
Anti-Violence Against Women and Their Children Law “any husband” so it cannot be
(“VAWC Law”). committed by a woman.
WHAT IS THE PENALTY IF FOUND GUILTY OF
CONCUBINAGE?
So an offended woman have an option to file concubinage
or psychological violence under VAWC law against her The penalty for the The penalty for the mistress is merely destierro.
husband for unfaithfulness or repeated marital infidelity. husband is imprisonment It is like a restraining order where the mistress shall not be
Remember VAWC law has a stiffer penalty than ranging from 6 months permitted to enter designated places within the radius of
concubinage. and 1 day to 4 years and 25 kilometers.
2 months.
QUESTION:
CAN THE HUSBAND AND HIS
MISTRESS ESCAPE PROSECUTION
FOR CONCUBINAGE?
In Ligtas vs. CA, G. R. No. L. 47498, May 7, 1987, the SC
held, pardon for adultery and concubinage must come
before the institution of the criminal action and both
offenders must be pardoned by the offended party if
said pardon is to be effective.
The pardon can be express or implied. Thus when the
offended party in writing or in an affidavit asserts that she
or he is pardoning his or her erring spouse and paramour
for the adulterous act, this is a case for express pardon.
DIFFERENCE BETWEEN CONCUBINAGE
AND ADULTERY
ADULTERY
Adultery refers to an extra marital
relations of a woman to a man other
than her husband even if the man is
well aware that the woman is already
married.
A crime of adultery is committed for
each sexual intercourse.
Adultery is committed by a wife and
should be charged together with the
other man
ADULTERY
The penalty for the man is the same
as the guilty wife
ANSWER
Yes, they can escape prosecution for concubinage.
If the wife pardon the offenders.
There is implied pardon when the offended party
continued to live with his spouse even after the
commission of the offense.
However such consent or pardon cannot be
implied when the wife continue to live in the
conjugal home only to take care of their children.
CONCUBINAGE
Concubinage refers to cohabitation of a
married man with a mistress in the same
conjugal dwelling or an involvement of a
married man with a woman who is not his
wife in any other place.
Only a single crime of concubinage is
committed, regardless of the number of
sexual intercourse
Concubinage is committed by a husband
and should be charged together with the
other woman or concubine.
CONCUBINAGE
Concubinage has a lower penalty than
adultery and the concubine penalty is
only destierro which refers to
banishment or prohibiton from residing
with the accused party’s actual
residene. The distance should be
within the radius of 25 kilometres and
banishment will be given for a
specified length of time.
QUESTION:
IS CONCUBINAGE A BAILABLE OFFENSE?
ANSWER
Yes, Concubinage is bailable. All persons in custody shall
be admitted to bail as a matter of right for offenses not
punishable by death, reclusion perpetua, or life
imprisonment before onviction thereof by the regular
courts (Sec. 4 Rule 114, Rules of Court) since the penalty
of concubinage is prison correctional, in the case of the
husband, and destierro, in the case of the concubine, it is
bailable.
ADULTERY CONCUBINAGE
Proof of sexual intercourse will suffice Concubinage cannot be pursued
to file a case without proving that the sexual
intercourse happened under
scandalous circumstances. The case
can be passed off as concubinage if
cohabitation happens in the conjugal
dwelling or in any other place.
ADULTERY CONCUBINAGE
AS TO THE ESSENCE OF THE Concubinage is penalized because a
CRIME married man is cohabiting or
maintaining a mistress violates his
Adultery is penalized because a marital vows to the humiliation of the
married woman having sexual wife.
intercourse with a man other than her
husband runs the risk of introducing
spurious heirs into the family.
ADULTERY CONCUBINAGE ADULTERY CONCUBINAGE

AS TO THE OFFENDED PARTY AS TO SECONDARY OFFENDER

In adultery, it is the husband of the
offender
In concubinage, it is the wife of the The paramour is also liable in adultery
offender as principal for the crime if he is aware
that the woman is already married at
the time of the sexual intercourse (Art
333 RPC)
A concubine is also liable as principal
for concubinage if she is aware that
the man is already married at the time
of cohabitation (Art 334 RPC)

CONCUBINAGE CASE FOR DIGEST

ADULTERY CONCUBINAGE
1. Beltran vs. People, G.R. No. 137567, 20 June 2000
AS TO THE PENALTY OF THE The concubine, in concubinage, shall
SECOND OFFENDER only suffer the penalty of destierro 2. Macarrubo vs. Macarrubo, A.C. No. 6148, 27 February 2004
The paramour in adultery, similar to 3. Alfredo Romulo A. Busuego vs. Office of the Ombudsman et.
the guilty wife, shall be punished by
imprisonment al. G.R. No. 196842, October 9, 2013