LESSON 8: COMMON OFFENSES

What Is This Lesson About?

This lesson will help you identify the other common offenses and explain its
applicability, enforceability, and its coverage. It will also help you identify who are
liable for acts committed, and explain whether such act is justifiable, mitigating and
exempting. Moreover, it will provide you discussion about the penalties attached to
its commission.

What Will You Learn?

At the end of the lesson, you are expected to:
Identify and explain the applicability, enforceability, coverage, the persons who
are liable for acts committed, and the penalties attached to the commission of the
following crimes:
a. Adultery and Concubinage
b. Acts of lasciviousness
c. Abduction
d. Seduction, Corruption of minors
e. Republic Act No. 7877 (Anti-sexual Harassment Act of 1995)

1. What Do You Already Know? (Activity 1.1)

Answer the questions in the google form. Do not worry about your score as it
does not have a bearing on your grade.
https://forms.gle/NEoZgoQScREfCo9q8

2. Activities or Tasks
A. Let’s Read
Please refer to the attached document. (powerpoint presentation)

B. Let’s Try This (Activity 1.2)

Q: A, a married woman, had sexual intercourse with a man who was not her
husband. The man did not know she was married. What crime, if any, did each of
them commit? Why? (2002 Bar)
Let’s Study

CRIMES AGAINST CHASTITY

Chapter One
ADULTERY AND CONCUBINAGE

Article 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.

Elements of adultery:
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
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.

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; or
b. Having sexual intercourse with a woman not his wife under scandalous circumstances; or
c. Cohabiting with a woman not his wife in any other place.
3. That as regards the woman, she must know him to be married.

Chapter Two
RAPE AND ACTS OF LASCIVIOUSNESS

(Article 335. Of the Revised Penal Code has been repealed by R.A. No. 8353 (Anti-Rape Law of
1997) effective October 22, 1997. New provisions on Rape are found in Arts. 266-A to 266-D of the
Revised Penal Code.)

Article 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.

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 authority;
d. When the offended party is under 12 years of age or is demented.

Lewd, defined.
“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.

Chapter Three
SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE

Article 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.

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.

Article 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.
 Chapter Four
ABDUCTION

Article 342. Forcible abduction. - The abduction of any woman against her will and with lewd
designs shall be punished by reclusion temporal.

The same penalty shall be imposed in every case, if the female abducted be under twelve years of
age.

Article 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.

Chapter Five
PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE ELEVEN

Article 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts
of lasciviousness. - 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, if
they are both alive, nor, in any case, if he shall have consented or pardoned the offenders.

The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted except
upon a complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any
case, if the offender has been expressly pardoned by the above named persons, as the case may
be.

In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with
the offended party shall extinguish the criminal action or remit the penalty already imposed upon
him. The provisions of this paragraph shall also be applicable to the co-principals, accomplices and
accessories after the fact of the above-mentioned crimes.

Article 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.

Article 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.

[REPUBLIC ACT NO. 7877]

AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT,
EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Title. – This Act shall be known as the “Anti-Sexual Harassment Act of
1995.”

SEC. 2. Declaration of Policy. – The State shall value the dignity of every individual,
enhance the development of its human resources guarantee fell respect for human
rights, and uphold the dignity of workers, employees, applicants for employment,
students or those undergoing training, instruction or education. Towards this end, all
forms of sexual harassment in the employment, education or training environment are
hereby declared unlawful.

SEC. 3. Work, Education or Training-related Sexual Harassment Defined. – Work,

education or training-related sexual harassment is committed by an employer,
employee, manager, supervisor, agent of the employer, teacher, instructor, professor,
coach, trainor, or any other person who, having authority, influence or moral
ascendancy over another in a work or training or education environment, demands,
requests or otherwise requires any sexual favor from the other, regardless of whether
the demand, request or requirement for submission is accepted by the object of said
Act.

(a) In a work-related or employment environment, sexual

harassment is committed when:

(1) The sexual favor is made as a condition in the hiring or in the employment, re-
employment or continued employment of said individual, or in granting said individual
favorable compensation, terms, conditions, promotions, or privileges; or the refusal to
grant the sexual favor results in limiting, segregating or classifying the employee which
in any way would discriminate, deprive or diminish employment opportunities or
otherwise adversely affect said employee;

(2) The above acts would impair the employee’s rights or privileges under existing labor
laws; or

(3) The above acts would result in an intimidating, hostile, or offensive environment for
the employee.

(b) In an education or training environment, sexual harassment is committed:

(1) Against one who is under the care, custody or supervision of the offender;

(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the
offender;

(3) When the sexual favor is made a condition to the giving of a passing grade, or the
granting of honors and scholarships, or the payment of a stipend, allowance or other
benefits, privileges, or considerations; or

(4) When the sexual advances result in an intimidating, hostile or offensive environment
for the student, trainee or apprentice.
Any person who directs or induces another to commit any act of sexual harassment as
herein defined, or who cooperates in the commission thereof by another without which it
would not have been committed, shall also be held liable under this Act.

SEC. 4. Duty of the Employer or Head of Office in a Work-related, Education or Training

Environment. – It shall be the duty of the employer or the head of the work-related,
educational or training environment or institution, to prevent or deter the commission of
acts of sexual harassment and to provide the procedures for the resolution, settlement
or prosecution of acts of sexual harassment. Towards this end, the employer or head of
office shall:

(a) Promulgate appropriate rules and regulations in consultation with and jointly
approved by the employees or students or trainees, through their duly designated
representatives, prescribing the procedure for the investigation of sexual harassment
cases and the administrative sanctions therefor.

Administrative sanctions shall not be a bar to prosecution in the proper courts for
unlawful acts of sexual harassment.

The said rules and regulations issued pursuant to this subsection (a) shall include,
among others, guidelines on proper decorum in the workplace and educational or
training institutions.

(b) Create a committee on decorum and investigation of cases on sexual harassment.

The committee shall conduct meetings, as the case may be, with officers and
employees, teachers, instructors, professors, coaches, trainors and students or trainees
to increase understanding and prevent incidents of sexual harassment. It shall also
conduct the investigation of alleged cases constituting sexual harassment.

In the case of a work-related environment, the committee shall be composed of at least

one (1) representative each from the management, the union, if any, the employees
from the supervisory rank, and from the rank and file employees.

In the case of the educational or training institution, the committee shall be composed of
at least one (1) representative from the administration, the trainors, teachers,
instructors, professors or coaches and students or trainees, as the case may be.

The employer or head of office, educational or training institution shall disseminate or

post . copy of this Act for the information of all concerned.

SEC. 5. Liability of the Employer, Head of Office, Educational or Training Institution. –

The employer or head of office, educational or training institution shall be solidarily liable
for damages arising from the acts of sexual harassment committed in the employment,
education or training environment if the employer or head of office, educational or
training institution is informed of such acts by the offended party and no immediate
action is taken thereon.

SEC. 6. Independent Action for Damages. – Nothing in this Act shall preclude the victim
of work, education or training-related sexual harassment from instituting a separate and
independent action for damages and other affirmative relief.

SEC 7. Penalties. – Any person who violates the provisions of this Act shall, upon
conviction, be penalized by imprisonment of not less than one (1) month nor more than
six (6) months, or a fine of not less than Ten thousand pesos (P 10,000) nor more than
Twenty thousand pesos (P 20,000), or both such fine and imprisonment at the
discretion of the court.
Any action arising from the violation of the provisions of this Act shall prescribe in three
(3) years.

SEC. 8. Separability Clause. – If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions hereof shall not be affected by
such declaration.

SEC. 9. Repealing Clause. – All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 10. Effectivity Clause. – This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national newspapers of general circulation.

(Activity 1.3) Answer the following questions:

1. What are the elements of adultery?
2. What are the elements of concubinage?
3. Define lewd.
4. Distinguish qualified seduction from rape.
5. What makes the crime of qualified seduction?
6. May the man who is willing and ready to marry the girl seduced by him be
held liable for simple seduction?

C. Let’s Think About this (Activity 1.4)

Question: A is married. He has a paramour with whom he had sexual relations
on a more or less regular basis. They meet at least once a week in hotels,
motels, and other places where they can be alone. Is A guilty of any crime?
Why?
Let’s Remember
1. 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.

2. Concubinage is committed by 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.

3. 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.

4. Qualified seduction is 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.

5. Simple seduction is 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.

6. Forcible abduction is the abduction of any woman against her will and with lewd
designs.
 7. Consented abduction is the abduction of a virgin over twelve years and under
eighteen years of age, carried out with her consent and with lewd designs.

8. Republic Act 7877 “Anti-Sexual Harassment Act of 1995.”

D. How much have you learned?

Answer the questions for the post test in the google form using the link below:
https://forms.gle/szzkjmfCcuRhqPCY9

E. Let’s Apply What You Have Learned.

Q: No. XV. Suspecting that her husband of twenty years was having an affair,
Leilanie hired a private investigator to spy on him. After two weeks, the private
investigator showed Leilanie a video of her husband having sexual intercourse
with another woman in a room of a five-star hotel. Based on what she saw on the
video, Leilanie accused her husband of concubinage.
Will the case of concubinage prosper? Explain.

Suggested Readings
REYES, LUIS B. (2012) THE REVISED PENAL CODE. Quezon City: Rex
Printing Company, Inc.

file:///C:/Users/Lenovo/Downloads/QUAMTO-CRIMINAL-LAW-2017.pdf

F. References:

REYES, LUIS B. (2012) THE REVISED PENAL CODE. Quezon City: Rex
Printing Company, Inc.

file:///C:/Users/Lenovo/Downloads/QUAMTO-CRIMINAL-LAW-2017.pdf\

https://www.slideshare.net/karencateilagan/criminal-law-2007-2013