TITLE ELEVEN: CRIMES AGAINST CHASTITY

03/09/2015

WHAT IS A PRIVATE CRIME?

> Private offense which cannot be prosecuted except upon a complaint filed by the aggrieved
party
> Only to give deference to the offended party who may prefer not to file the case instead of going
through a scandal of a public trial
>Pardon is a ground to extinguish criminal liability.
TITLE ELEVEN: Crimes Against Chastity
Chapter One: Adultery and Concubinage
Art. 333 Who are guilty of adultery committed by any married woman who shall have sexual
intercourse with a man not her husband and by the man who has carnal knowledge with her, knowing her
to be married, EVEN IF the marriage were subsequently declared void.
Prision Correcional MED and MAX periods.
If the person guilty committed this offense while being abandoned with justification by the offended
spouse, the penalty next lower in degree provided in the next preceding paragraph shall be imposed.
ELEMENTS:
1. Woman is married.

2. She has sexual intercourse with a man not her husband

3. Man must know her to be married
The offended party must be legally married to the offender at the time of the criminal
case.
Thus, where the offended party (a foreigner) in an adultery case already obtained a divorce in his country
before the adultery proceedings are commenced, he no longer has the right to institute proceedings
against the offenders.
Even if the marriage is subsequently declared VOID. 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.
Carnal Knowledge may be proved by circumstantial evidence.
Each sexual intercourse constitutes a crime of adultery, it is an instantaneous crime, cannot invoke double
jeopardy. Adultery, therefore, is not a continuing offense.
Sheer necessity, mitigating liability of the married woman. (e.g. Count of Monte Cristo)
The man, to be guilty of adultery, must have knowledge of the married status of the woman.
Although in the beginning, the man did not know of the womans status, but he continued his illicit
relations with her after he gained knowledge of her status, he will be guilty of adultery.
A married man, who is not liable for adultery, because he had no knowledge of the womans married
status, may be held liable for concubinage.
But for the married woman who is guilty of adultery, if she knew the man is married, she would be liable
for concubinage as well.

Effect of the acquittal of one of the parties does not operate as a cause to acquit the other.
Reasons of SC:
a. There may not be a joint criminal act although there is a joint physical act.
b. One of the parties maybe insane, in which case, only the sane could be held criminally liable.
c. The man may not know that the woman is married, in which case, the man is innocent.
d. The death of the woman during the pendency of the case cannot defeat the trial and conviction of
the man.
e. Even if the man had left the country and could not be apprehended, the woman can be tried and
convicted.
Effect of the death of the offended party the proceedings must continue, Art. 353 seeks to
protect the honor and reputation not only of the living but of dead persons as well.
EFFECT of PARDON
Art. 334 requires that
1. The pardon must come BEFORE the institution of the criminal prosecution.
2. Both the offenders must be pardoned
In view of theses requirements, when the offended husband filed a motion to dismiss on behalf of the
wife alone based on the affidavit executed by the former, it shall not prosper.

Act of intercourse SUBSEQUENT to adulterous conduct is an implied pardon BUT it does not follow that,
in order to operate as such, an EXPRESS pardon must also be accompanied by intercourse between the
spouses thereafter.
EFFECT of CONSENT (Not to proceed with the prosecution)
Agreement to Separate while the agreement is void in law, the offended party (husband) may have
considered as having consented to the infidelity of his wife, which BARS him from instituting a criminal
complaint.
Under the law, there is no accomplice in Adultery.
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 PC in its MIN and MED periods.
The concubine shall suffer the penalty of DESTIERRO.
ELEMENTS OF CONCUBINAGE: (334)
1. That the man must be married.
2. That he committed any of the following acts:
Keeping a mistress in the conjugal dwelling.
Having sexual intercourse under scandalous circumstances with a woman who is not his wife.
Cohabiting with her in any other place.
3. That as regards the woman she must know him to be married.

Note: Scandal consists in any reprehensible word/deed that offends public conscience, redounds to the
detriment of the feelings of honest persons and gives occasions to the neighbors spiritual damage and
ruin
The offenders: Married man and the woman who knows him to be married.
The woman becomes liable only when she knew him to be married PRIOR to the commission of the crime.
A married man is only liable for concubinage if he does any of the acts enumerated.
Concubinage by keeping a mistress in the conjugal dwelling.
Scandalous Circumstances are NOT necessary to make a husband guilty of concubinage by keeping a
mistress in the conjugal dwelling.
Scandal consists in any reprehensible word or deed that offends public conscience, redounds to the
detriment of the feelings of honest persons, and gives occasions to the neighbors spiritual damage or
ruin.
When spies are employed, there is no evidence of scandalous circumstances.
Concubinage by cohabiting with a woman in any other place.
A person who keeps a mistress in an apartment furnished by him is not guilty of concubinage if he does
not live or sleep with he in said apartment. (E.g. The Mistress)
Adultery is more severely punished than concubinage. Because adultery makes possible the
introduction of another mans blood into the family so that the offended husband may have another mans
son bearing his name and receiving support from him.
ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336)

Prision Correcional
1. That the offender commits any act of lasciviousness or lewdness.
2. That it is done under any of the following circumstances:
by using force or intimidation, or
when the offended party is deprived of reason or otherwise unconscious, or
when the offended party is under 12 years of age.
3. That the offended party is another person of either sex.
Compelling a girl to dance naked before a group of men is an act of lasciviousness, even if
the dominant motive is revenge, for her failure to pay her debt.
ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY: (339)
Arresto Mayor
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.
Consent is obtained by abuse of authority, confidence or relationship by means of deceit.
Committed by the same persons and under the same circumstances as those provided in 337
and 338.
Article 336 and 339, compared.

Art 336
acts are committed under circumstances which had
there been carnal knowledge, would amount to
rape.
Victim is either of the sex

Art 339
acts are committed under the circumstances which,
had there been carnal knowledge, would amount to
either qualified or simple seduction. There may be
consent but there is either abuse of authority,
confidence, or relationship or deceit.
Only Females can be victimized under this provision.

ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: (337)

Two classes of qualified seduction:
> Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in
authority, priest, teachers etc and
> Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or
reputation (incestuous seduction)
Elements:
1. That the offended party is a virgin, which is (presumed if she 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 (person
entrusted with education or custody of victim; person in public authority, priest; servant)
PERSONS LIABLE
Those who abuse their authority:

persons in public authority

guardian
teacher
person who, in any capacity, is entrusted with the education or custody of the woman seduced

Those who abused the confidence reposed in them:

priest
house servant
domestic

Those who abused their relationship:

brother who seduced his sister

ascendant who seduced his descendant

ELEMENTS OF SIMPLE SEDUCTION: (338)

That
That
That
That

the offended party is over 12 and under 18 years of age.

she must be of good reputation, single or widow.
the offender has sexual intercourse with her.
it is committed by means of deceit.

Note: common form is unconditional promise to marry.

Virginity of offended party is not required.
Promise of marriage AFTER sexual intercourse does not constitute deceit.
ELEMENTS OF CORRUPTION OF MINORS: (340)
Persons of either sex.
Act punishable: By promoting or facilitating the prostitution or corruption of persons
underage to satisfy the lust of another

To satisfy the lust of another. Therefore, one who casts for his own ends does not incur the sanction
of the law.
The law punishes the act of a pimp of facilitates the corruption of, and not the performance
of unchaste acts upon, the minor. A mere proposal will consummate the offense.
ELEMENTS OF WHITE SLAVE TRADE: (341)
Acts penalized
1. Engaging in the business of prostitution
2. Profiting by prostitution
3. Enlisting the service of women for the purpose of prostitution
ELEMENTS OF FORCIBLE ABDUCTION: (342)
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.
Note: Sexual intercourse is NOT necessary

Crimes against chastity where age and reputation of victim are immaterial: rape, acts of lasciviousness,
qualified seduction of sister/descendant, forcible abduction.
ELEMENTS OF CONSENTED ABDUCTION: (343)
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.
Consented abduction with rape. Where a 15-year-old girl was induced to leave her home and later
forcibly violated by the four accused, they are guilty of consented abduction with rape.