C1> LA GRABEVAD Y LA FORMA: FORMFINDING
D. CASO PRÁCTICO
(1) Art. 333: Adultery (2) Art. 334: Concubinage
(3) Art. 336: Acts of Lasciviousness (4) Art. 337: Qualified Seduction (5) Art. 338: Simple Seduction
(6) Art. 339: Acts of Lasciviousness with the consent of the offended party
(7) Art. 340: Corruption of minors (8) Art. 341: White Slave Trade (9) Art. 342: Forcible Abduction (10) Art. 343: Consented Abduction
(11) Art. 344: Prosecution of the crimes of Adultery (12) Art. 345: Civil Liability
(13) Art. 346: Liability of Ascendants, guardians, teachers, or other persons entrusted with custody of the offended
ARTICLE333-ADULTERY 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.
LEGENDS:
H – husband; W – wife; M - marriage
Offenders: Married woman and/or the man who has carnal knowledge of her, knowing her to be married, even if the M be subsequently declared void. It is not necessary that there be a valid M (i.e. void ab initio) Essence of adultery: violation of the marital vow Gist of the crime: 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. (US v. Mata) The offended party must be legally married to the offender at the time of the filing of the complaint.
Even if the marriage be subsequently declared void.
Each sexual intercourse constitutes a crime of adultery.
Abandonment without justification is not exempting, but only mitigating. Both defendants are entitled to this mitigating circumstance.
The man, to be guilty of adultery, must have knowledge of the married status of the woman.
A married man who is not liable for adultery, because he did not know that the woman is married, may be held liable for concubinage.
Acquittal of one of the defendants does not operate as a cause of acquittal of the other.
Under the law, there is no accomplice in adultery.
Direct proof of carnal knowledge is not necessary.
Circumstantial evidence is sufficient. (i.e. love letters signed by the paramour, photos showing intimate relations, testimony of witnesses)
Pardon by the H does not exempt the adulterous W and her paramour from criminal liability for adulterous acts committed subsequent to such pardon, because the pardon refers to previous and not to subsequent adulterous acts
Effect of Pardon - applies to Concubinage as well:
(1) The pardon must come before the institution of the criminal prosecution; and
(2) Both the offenders must be pardoned by the offended party. Act of sexual intercourse subsequent to adulterous conduct is considered as an implied pardon.
(3) Pardon of the offenders by the offended party is a bar to prosecution for adultery or concubinage.
(4) Delay in the filing of complaint, if satisfactorily explained, does not indicate pardon.
Effect of consent: The husband, knowing that his wife, after serving sentence for adultery, resumed living with her co-defendant, did nothing to interfere with their relations or to assert his rights as husband.
The second charge of adultery should be dismissed because of consent. [People v. Sensano and Ramos]
Agreement to separate may be used as evidence to show consent by the husband to the infidelity of his wife.
Effect of death of paramour: Offending wife may still be prosecuted. The requirement that both offenders should be included in the complaint is absolute only when the two offenders are alive.
Effect of death of offended party: The proceedings may continue. Art. 353 seeks to protect the honor and reputation not only of the living but of dead persons as well.
ARTICLE 334 - CONCUBINAGE 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 circumstance with a woman not his wife;
(c) Cohabiting with her in any other place;
(3) That as regards the woman, she must know him to be married.
LEGENDS: H – husband; W – wife; M - marriage Offenders: married man and the woman who knows him to be married.
The woman only becomes liable only if she knew him to be married prior to the commission of the crime.
In the 3rd way committing the crime, mere cohabitation is sufficient; Proof of scandalous circumstances not necessary. [People v. Pitoc, et. al.]
A married man is not liable for concubinage for mere sexual relations with a woman not his wife. A man would only be guilty of concubinage if he appeared to be guilty of any of the acts punished in Art. 334.
A married man who is not liable for adultery because he did not know that the woman was married, may be held liable for concubinage. If the woman knew that the man was married, she may be held liable for concubinage as well.
Mistress – a woman taken by the accused to live with him in the conjugal dwelling as his mistress/concubine. [People v. Bacon and People v.
Hilao]
Keeping a mistress in the conjugal dwelling – no positive proof of sexual intercourse is necessary Conjugal Dwelling – the home of the H and the W even if the wife appears to be temporarily absent on any account.
The dwelling of the spouses was constructed from the proceeds of the sale of their conjugal properties.
The fact that W never had a chance to reside therein and that H used it with his mistress instead, does not detract from its nature. [People v. Cordova (1959)]
Cohabit – to dwell together as H and W for a period of time (i.e. A week, a month, year or longer)
Scandalous circumstances – 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. [People v.
Santos]
It is only when the mistress is kept elsewhere (outside the conjugal dwelling) that “scandalous circumstances” become an element of the crime. [US v. Macabagbag]
Qualifying expression: Sexual act which may be proved by circumstantial evidence
Scandal produced by the concubinage of H:
(1) H and mistress live in the same room of a house (2) They appear together in public,
(3) Perform acts in sight of the community which give rise to criticism and general protest among the neighbors.
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, there is no evidence of scandalous circumstances. [US v.
Campos Rueda]
Reason: Adultery is punished more severely than concubinage because adultery makes possible the introduction of another man’s offspring into the family so that the offended H may have another man’s son bearing H’s name and receiving support from him.
ARTICLE 335 – RAPE
Repealed by R.A. 8353.
ARTICLE 336 - ACTS OF LASCIVIOUSNESS Elements:
(1) That the offender commits any act of lasciviousness or lewdness;
(2) That the is committed against a person of either sex;
(3) That is done under any of the ff. circumstances:
(a) By using force or intimidation; or
(b) When the offended party is deprived of reason or otherwise unconscious;
(c) When the offended party is under 12 years of age or is demented.
Lewd – obscene, lustful, indecent, lecherous;
signifies form of immorality which has relation to moral impurity or that which is carried in wanton manner
Motive of lascivious acts is not important because the essence of lewdness is in the very act itself.
Example: If the kissing etc. was done inside church (which is a public place), absence of lewd designs may be proven, and the crime is unjust vexation only.
But if the kissing was done in the house of a woman when she was alone, the circumstances may prove the accused’s lewd designs.
Absent any of the circumstances of rape under the 3rd element, the crime is UNJUST VEXATION. (e.g.
touching of breast)
Lascivious intent is implied from the nature of the act and the surrounding circumstances.
Consider the act and the environment to distinguish between Acts of Lasciviousness and Attempted Rape. Desistance in the commission of attempted rape may constitute acts of lasciviousness.
No attempted and frustrated acts of lasciviousness.
Acts of Lasciviousness v. Grave Coercion Acts of Lasciviousness Grave Coercion Compulsion or force is
included in the constructive element of force.
Compulsion or force is the very act constituting the offense of grave coercion.
Must be accompanied by acts of lasciviousness or lewdness.
Moral compulsion amounting to intimidation is sufficient.
Acts of Lasciviousness v. Attempted Rape Acts of Lasciviousness Attempted Rape Same means of committing the crime:
(1) Force, threat, or intimidation is employed; or (2) By means of fraudulent machination or grave abuse of authority; or
(3) The offended party is deprived of reason or otherwise unconscious; or
(4) Victim is under 12 yrs. of age or is demented Offended party is a person of either sex.
The performance of acts of lascivious character Acts performed do not
indicate that the accused was to lie w/ the offended party.
Acts performed clearly indicate that the accused’s purpose was to lie w/ the offended woman.
Lascivious acts are the
final objective sought by Lascivious acts are only the preparatory acts to
the offender. the commission of rape.
Abuses against chastity (Art. 245) v acts of lasciviousness (Art. 336)
Offenses against Chastity Abuses against Chastity Committed by a private
individual, in most cases Committed by a public officer only
Some act of
lasciviousness should have been executed by the offender.
Mere immoral or indecent proposal made earnestly and persistently is sufficient.
The accused followed the victim, held her, embraced her, tore her dress, and tried to touch her breast.
When a complaint for acts of lasciviousness was filed against him, accused claimed that he had no intention of having sexual intercourse with her and that he did the acts only as revenge. TC found the accused guilty of FRUSTRATED ACTS OF LASCIVIOUSNESS. SC held that there is no frustrated crime against chastity which includes acts of lasciviousness, adultery, and rape. [People v.
Famularcano]
From the moment the offender performs all the elements necessary for the existence of the felony, he actually attains his purpose.
Motive of revenge is of no consequence since the element of lewdness is in the very act itself.
Example: Compelling a girl to dance naked before a man is an act of lasciviousness, even if the dominant motive is revenge, for her failure to pay a debt.
Two kinds of seduction:
(1) Qualified seduction (Art. 337) (2) Simple seduction (Art. 338)
ARTICLE 337 - QUALIFIED SEDUCTION Elements:
(1) That the offended party is a virgin, which is presumed if she is unmarried and of good reputation;
(2) That the she must be over 12 and under 18 yrs. of age; (13-17 years 11 months 29 days)
(3) That the offender has sexual intercourse with her;
(4) That the there is abuse of authority, confidence, or relationship on the part of the offender.
Seduction - enticing a woman to unlawful sexual intercourse by promise of marriage or other means of persuasion without use of force. It applies when there
is abuse of authority (qualified seduction) or deceit (simple seduction).
Two classes of Qualified Seduction:
(1) Seduction of a virgin over 12 years and under 18 years of age by certain persons such as, a person in authority, priest, teacher or any person who, in any capacity shall be entrusted with the education or custody of the woman seduced.
(2) Seduction of a sister by her brother, or descendant by her ascendant, regardless of her age or reputation.
Virgin - a woman of chaste character and of good reputation. The offended party need not be physically a virgin.
If there is no sexual intercourse and only acts of lewdness are performed, the crime is acts of lasciviousness. If any of the circumstances in the crime of rape is present, the crime is not to be punished under Art. 337.
The accused charged with rape cannot be convicted of qualified seduction under the same information.
Offenders in Qualified Seduction:
(1) Those who abused their authority: (PaG-TE/C) (a) Person in public authority;
(b) Guardian;
(c) Teacher;
(d) Person who, in any capacity, is entrusted with the education or custody of the woman seduced.
(2) Those who abused confidence reposed in them:
(PHD) (a) Priest;
(b) House servant;
(c) Domestic
(3) Those who abused their relationship:
(a) Brother who seduced his sister;
(b) Ascendant who seduced his descendant.
“Domestic” - a person usually living under the same roof, pertaining to the same house.
Not necessary that the offender be the teacher of the offended party; it is sufficient that he is a teacher in the same school.
Qualified seduction may also be committed by a master to his servant, or a head of the family to any of its members.
Qualified seduction of a sister or descendant, also known as INCEST, is punished by a penalty next higher in degree.
The age, reputation, or virginity of the sister or descendant is irrelevant. The relationship need not be legitimate.
A 15-year old virgin, who was brought by her mother to the house of the accused and his wife to serve as a helper, repeatedly yielded to the carnal desires of the accused, as she was induced by his promises of marriage and frightened by his acts of intimidation.
HELD: DECEIT, although an essential element of ordinary or simple seduction, does not need to be proved or established in a charge of qualified seduction. It is replaced by ABUSE OF CONFIDENCE. [People v. Fontanilla]
The accused, a policeman, brought a 13-year old girl with low mentality, to the ABC Hall where he succeeded in having sexual intercourse with her. The complaint did not allege that the girl was a virgin.
The accused was charged with RAPE but convicted of QUALIFIED SEDUCTION.
HELD: Though it is true that virginity is presumed if the girl is over 12 but under 18, unmarried and of good reputation, virginity is still an essential element of the crime of qualified seduction and must be alleged in the complaint. Accused is guilty of RAPE, considering the victim’s age, mental abnormality and deficiency. There was also intimidation with the accused wearing his uniform. [Babanto v. Zosa]
Perez succeeded in having sexual intercourse with Mendoza after he promised to marry her. As he did not make good on said promise, Mendoza filed a complaint for Consented Abduction. Trial Court found that the acts constituted seduction, acquitting him on the charge of Consented Abduction.
Mendoza then filed a complaint for Qualified Seduction. Perez moved to dismiss the case on the grounds of double jeopardy.
Consented Abduction Qualified Seduction Means Requires the taking
away of the victim w/ her consent
Requires abuse of authority, confidence or relationship Act Offender has sexual
intercourse Taking away
with lewd
designs Wronged The girl The girl’s family
HELD: There are similar elements between consented abduction and qualified seduction, namely:
(1) the offended party is a virgin, and (2) over 12 but under 18 yrs. of age
However, an acquittal for CONSENTED ABDUCTION will not preclude the filing of a charge for QUALIFIED SEDUCTION because the elements of the two crimes are different. [Perez v. CA]
NOTE: The fact that the girl gave consent to the sexual intercourse is not a defense.
ARTICLE 338 - SIMPLE SEDUCTION Elements:
(1) That the offended party is over 12 and under 18 years of age;
(2) That she is of good reputation, single or widow;
(3) That the offender has sexual intercourse with her;
(4) That it is committed by means of deceit.
Purpose of the law - To punish the seducer who by means of promise of marriage, destroys the chastity of an unmarried female of previous chaste character Virginity of offended party is not essential, good reputation is sufficient.
Virginity of offended party is not required.
Deceit generally takes the form of unfulfilled promise of marriage.
Promise of marriage must be the inducement and the woman must yield because of the promise or other inducement.
What about unfulfilled promise of material things, as when the woman agrees to sexual intercourse in exchange for jewelry? This is not seduction because she is a woman of loose morals.
Promise of marriage after sexual intercourse does not constitute deceit. Promise of marriage by a married man is not a deceit, if the woman knew him to be married.
Seduction is not a continuing offense.
ARTICLE 339 - ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY Elements:
(1) Offender commits acts of lasciviousness or lewdness;
(2) The acts are committed upon a woman who is a virgin or single or widow of good reputation,
under 18 yrs. of age but over 12 yrs., or a sister or descendant, regardless of her reputation or age;
(3) The offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit.
It is necessary that it be committed under circumstances which would make it qualified or simple seduction had there been sexual intercourse, instead of acts of lewdness only.
When the victim is under 12 yrs., the penalty shall be one degree higher than that imposed by law. (sec. 10 of R.A. 7610)
Males cannot be the offended party.
Acts of Lasciviousness
(Art. 336) Acts of Lasciviousness with consent (Art. 339)
Committed under
circumstances w/c, had there been carnal knowledge, would amount to rape
Committed under
circumstances w/c, had there been carnal knowledge, would amount to either qualified or simple seduction Offended party is a
female or male Offended party should only be female
ARTICLE 340 - CORRUPTION OF MINORS
Acts punishable: The promotion or facilitation of the prostitution or corruption of persons under age (minors), to satisfy the lust of another.
LIABILITY:
(1) Any person
(2) Punishable by prision mayor
(3) A public officer or employee, including those in government-owned or controlled corporations (4) Shall also be penalized by temporary absolute
disqualification (As amended by BP 92).
Habituality or abuse of authority or confidence is not necessary.
It is not necessary that the unchaste acts shall have been done.
Mere proposal will consummate the offense.
The victim must be of good reputation, not a prostitute or corrupted person.
SEE ALSO: RA 7610: SPECIAL PROTECTION OF CHILDRENAGAINSTCHILDABUSE,EXPLOITATION, ANDDISCRIMINATIONACT
There is a crime of ATTEMPTED CHILD PROSTITUTION. (Sec. 6, RA 7610)
ARTICLE 341 - WHITE SLAVE TRADE Acts punishable:
(1) Engaging in business of prostitution (2) Profiting by prostitution
(3) Enlisting the services of women for the purpose of prostitution.
Habituality is not a necessary element of white slave trade.
‘Under any pretext’ – one who engaged the services of a woman allegedly as a maid, but in reality for prostitution, is guilty under this article.
Victim is under 12 yrs., penalty shall be one degree higher.
Offender need not be the owner of the house.
Maintainer or manager of house of ill-repute need not be present therein at the time of raid or arrest.
Corruption of Minors White Slave Trade Minority of victims
essential Minority is not required Victims may be male or
female Applies only to females
May not necessarily be for
profit Generally for profit
Committed by a single act Generally committed habitually
ARTICLE 342 - FORCIBLE ABDUCTION Elements:
(1) The person abducted is any woman, regardless of her age, civil status or reputation;
(2) The abduction is against her will;
(3) The abduction is with lewd designs.
Abduction – the taking away of a woman from her house or the place where she may be for the purpose of carrying her to another place with the intent to marry or to corrupt her.
Two kinds of abduction:
(1) Forcible abduction (Art. 342) (2) Consented abduction (Art. 343)
Crimes against chastity where age and reputation are immaterial:
(1) Acts of lasciviousness against the will or without
(1) Acts of lasciviousness against the will or without