Title Eleven  Carnal knowledge may be proved
CRIMES AGAINST CHASTITY by circumstantial evidence. Direct proof of carnal
Chapter One. ADULTERY AND CONCUBINAGE
Article 333. Who are guilty of adultery
Article 334. Concubinage
Chapter Two – RAPE AND ACTS OF LASCIVIOUSNESS
Article 335. REPLEALED (Old rape law)
Article 336. Acts of lasciviousness
Chapter Three – SEDUCTION, CORRUPTION OF MINORS,
and WHITE SLAVE TRADE
Article 337. Qualified seduction
Article 338. Simple seduction
Article 339. Acts of lasciviousness with the consent of
the offended party
Article 340. Corruption of minors
Article 341. White slave trade
Chapter Four – ABDUCTION
Article 342. Forcible abduction
Article 343. Consented abduction
Chapter Five – PROVISIONS RELATIVE TO THE PRECEDING
CHAPTERS OF TITLE ELEVEN
Article 344. Prosecution of crimes of adultery,
concubinage, seduction, abduction, rape and acts
of lasciviousness
Article 345. Civil liability of persons guilty of crimes
against chastity
Article 346. Liability of ascendants, guardians,
teachers, or other persons entrusted with the
custody of the offended party
Article 333. Who are guilty of adultery
Elements:
1. The woman is married;
2. She has sexual intercourse with a man not her
husband;
3. As regards the man with whom she has sexual
intercourse, he must know her to be married.
 The essence of adultery is the
violation of the marital vow.
 The gist of the crime is the danger
of introducing spurious heirs into the family.
 The offended party must be legally
married to the offender at the time of the
criminal case.
 It is not necessary that there be a
valid marriage between the offended husband
and the guilty wife. There is adultery even if the
marriage of the guilty wife is subsequently
declared void.
knowledge is not necessary to sustain a
conviction.
 Each sexual intercourse constitutes
a separate crime of adultery. Adultery is NOT a
continuing offense.
 Abandonment of the wife without
justification is not an exempting circumstance,
but only mitigates the penalty. Both defendants
are entitled to this mitigating circumstance.
 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.
 The acquittal of one of the
defendants does not operate as a cause for
acquittal of the other.
 If the paramour dies, the offended
wife may still be prosecuted because the
requirement that both offenders should be
included in the complaint applies only when both
offenders are alive.
 If the offended party dies, the
proceedings must continue. This article seeks to
protect the honor and reputation not only of the
living but of dead persons as well.
 Pardon of the offended parties must
come BEFORE the institution of the criminal
prosecution, and both offenders must be
pardoned by the offended party.
 Act of intercourse with the
offending spouse subsequent to the adulterous
conduct is an implied pardon.
 An agreement to separate, while
void under the law, may be used as evidence to
show consent by the husband to the infidelity of
his wife.
Article 334. Concubinage
Acts punishable:
1. Keeping a mistress in the conjugal dwelling;
2. Having sexual intercourse, under scandalous
circumstances;
3. Cohabiting with her in any other place.
Elements:
1. The man is married;
2. He is either –
a. Keeping a mistress in the conjugal
dwelling;
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 b. Having sexual intercourse under
scandalous circumstances with a woman
who is not his wife; or
c. Cohabiting with a woman who is
not his wife in any other place;
3. As regards the woman, she knows that
the man is married.
 Concubinage is a violation of the
marital vow.
 A married man is NOT liable for
concubinage for mere sexual relations with a
woman not his wife.
 ‘Keeping a mistress in the conjugal
dwelling’ – no positive proof of actual intercourse
necessary.
 Conjugal dwelling – the home of
the husband and wife even if the wife happens to
be temporarily absent on any account.
 ‘Scandalous circumstances’ – 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. (this is
essential only in concubinage of the second type)
 The people in the vicinity are the
best witnesses to prove scandalous
circumstances.
 When spies are employed, there is
no evidence of scandalous circumstances.
 ‘cohabit’ – to dwell together, in the
manner of husband and wife.
 Adultery is punished more severely
than concubinage because of the possible
introduction of another man’s blood into the
family, so that the offended husband may have
another man’s son bearing his name and
receiving support from him.
Beltran vs People (2000)
FACTS: Petitioner Meynardo Beltran and wife
Charmaine E. Felix were married on June 16, 1973 at the
Immaculate Concepcion Parish Church in Cubao, Quezon
City. On February 7, 1997, after twenty-four years of
marriage and four children, petitioner filed a petition for
nullity of marriage on the ground of psychological
incapacity under Article 36 of the Family Code before
Branch 87 of the Regional Trial Court of Quezon City. The
case was docketed as Civil Case No. Q-97-30192. In her
Answer to the said petition, petitioner's wife Charmaine
Felix alleged that it was petitioner who abandoned the
conjugal home and lived with a certain woman named
Milagros Salting. Charmaine subsequently filed a criminal
complaint for concubinage under Article 334 of the Revised
Penal Code against petitioner and his paramour. Petitioner
contends that there is a possibility that two conflicting
decisions might result from the civil case for annulment of
marriage and the criminal case for concubinage. In the civil
case, the trial court might declare the marriage as valid by
dismissing petitioner's complaint but in the criminal case,
the trial court might acquit petitioner because the
evidence shows that his marriage is void on the ground of
psychological incapacity.
HELD: Parties to the marriage should not be
permitted to judge for themselves its nullity, for the same
must be submitted to the judgment of the competent
courts and only when the nullity of the marriage is so
declared can it be held as void, and so long as there is no
such declaration the presumption is that the marriage
exists for all intents and purposes. Therefore, he who
cohabits with a woman not his wife before the judicial
declaration of nullity of the marriage assumes the risk of
being prosecuted for concubinage.
Article 335. REPEALED BY R.A. 8353, ANTI-
RAPE LAW OF 1997
Article 336. Acts of lasciviousness
Elements:
1. Offender commits any act of lasciviousness
or lewdness;
2. The act is committed against a person of
either sex;
3. It is done under any of the following
circumstances:
a. By using force or intimidation;
b. When the offended party is
deprived or reason of otherwise
unconscious; or
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.
 Motive of lascivious acts
is not important because the essence of lewdness
is in the very act itself.
 Embracing, kissing and
holding a girl’s breast is an act of lasciviousness,
if the act was done with lewd designs.
 Example: if the kissing
etc. was done inside church, 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.
 Lover’s embraces and
kisses are not acts of lasciviousness.
 The act of lasciviousness
must be committed under any of the
circumstances mentioned in the definition of the
crime of rape.
 There is no frustrated
crime of acts of lasciviousness.
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 the crime of Statutory Rape and guilty of the offense of
Offenses against chastity Abuses against chastity Acts of Lasciviousness.
Committed by a private Committed by a public
individual, in most cases officer only HELD: The trial court correctly found
appellant guilty of acts of lasciviousness. Appellant was
Some actual act of Mere immoral or indecent
shrouded with lust in trying, although unsuccessfully,
lasciviousness should have proposal made earnestly and
to get the young girl to suck his penis.
been executed by the persistently is sufficient The elements of this crime are that: (a) the
offender offender commits any act of lasciviousness or lewdness;
(b) by using ford or intimidation, or when the offended
Acts of lasciviousness Attempted Rape party is deprived of reason or otherwise unconscious, or
Means of committing the crime are the same the offended party is under 12 years of age. In acts of
The offended party in both crimes is a person of either sex lasciviousness, the acts complained of are prompted by
The performance of acts of lascivious character is common lust or lewd design where the victim has not
to both crimes encouraged such acts. In cases of acts of lasciviousness,
Acts performed do not Acts performed clearly the offender is deemed to have accomplished all the
indicate that the accused indicate that the accused’s elements necessary for the existence of the felony
was to lie with the offended purpose was to lie wit the once he has been able, by his overt acts, to actually
achieve or attain his purpose.
party offended woman
Lascivious acts are Lascivious acts are
themselves the final preparatory to the
objective sought by the commission of rape
offender

Acts of lasciviousness Unjust vexation

The element of lewd designs There is no motive of lewd
exists designs

People vs. Famularcano

Famularcano, a driver at the Camp John Hay, followed

Dionisia after she alighted from the truck. She took her by
the waist, held her to his breast and private parts. She
resisted and was able to extricate herself. She then
walked towards the house of her friend, instead of going
home.

When a complaint for acts of lasciviousness was filed

against him, Famularcano claimed that he had no intention
of having sexual intercourse with her. He did the acts a s a
revenge for what Dionisia’s father did to his wife.

HELD: The accused cannot be convicted of frustrated acts

of lasciviousness for under the very terms of the law such
frustration can never take place. In cases of acts of
lasciviousness, as in all cases of crimes against chastity like
adultery and rape, from the moment the offender performs
all the elements necessary for the existence of the felony,
he actually attains his purpose, and from that moment, all
the essential elements of the offense have also been
accomplished. Motive of revenge is of no consequence
since the essence of lewdness is in the very act itself. He
was convicted of consummated acts of lasciviousness.

People v. Sailito Perez (2002)

FACTS: Sailito Perez y Gazo was charged with
five counts of statutory rape against Jobelyn Ramos his
11 year old niece. The accused interposed the defense
of denial and imputed ill-motive on the part of
Jobelyn's mother which had led to the filing of the
criminal charges. The accused testified that during all
the time that the incidents were allegedly taking place,
he was plying a tricycle to earn his living. The trial
court rendered judgment finding the accused guilty of

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 RA 7877 Elements:
ANTI-SEXUAL HARASSMENT ACT OF 1995
a. Offended party is a virgin, which is
SECTION 3. Work, Education or Training-related presumed if she is unmarried and of good
Sexual Harassment Defined. — Work, education or reputation;
training-related sexual harassment is committed by an b. She is over 12 and under 18 years
employer, employee, manager, supervisor, agent of the
of age;
employer, teacher, instructor, professor, coach, trainor, or
any other person who, having authority, influence or moral
c. Offender has sexual intercourse
ascendancy over another in a work or training or education with her;
environment, demands, requests or otherwise requires any d. There is abuse of authority,
sexual favor from the other, regardless of whether the confidence or relationship on the part of the
demand, request or requirement for submission is accepted offender.
by the object of said act.
2. Seduction of a sister by her brother, or
(a) In a work-related or employment environment, sexual descendant by her ascendant, regardless of her
harassment is committed when:
(1) The sexual favor is made as a condition in the
age or reputation.
hiring or in the employment, re-employment or
continued employment of said individual, or in Person liable:
granting said individual favorable compensation,
terms, conditions, promotions, or privileges; or the 1. Those who abused their authority –
refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in a. Person in public authority;
any way would discriminate, deprive or diminish b. Guardian;
employment opportunities or otherwise adversely
affect said employee;
c. Teacher;
(2) The above acts would impair the employee's rights d. Person who, in any capacity, is
or privileges under existing labor laws; or entrusted with the education or custody of
(3) The above acts would result in an intimidating, the woman seduced;
hostile, or offensive environment for the
employee. 2. Those who abused confidence
reposed in them -
(b) In an education or training environment, sexual
harassment is committed:
a. Priest;
(1) Against one who is under the care,
custody or supervision of the offender; b. House servant;
(2) Against one whose education, c. Domestic;
training, apprenticeship or tutorship is entrusted
to the offender; 3. Those who abused their
(3) When the sexual favor is made a relationship -
condition to the giving of a passing grade, or the
granting of honors and scholarships or the a. Brother who seduced his
payment of a stipend, allowance or other benefits,
sister;
privileges, or considerations; or
(4) When the sexual advances result in b. Ascendant who seduced
an intimidating, hostile or offensive environment his descendant.
for the student, trainee or apprentice.
 Deceit is not an element of qualified
Any person who directs or induces another to commit any seduction. Abuse of confidence is the necessary
act of sexual harassment as herein defined, or who
element.
cooperates in the commission thereof by another without
which it would not have been committed, shall also be held  The fact that the girl gave her
liable under this Act. consent to the sexual intercourse is not a
defense, because lack of consent is not an
element of the offense.
 ‘domestic’ – a person usually living
Article 337. Qualified seduction
under the same roof, pertaining to the same
house
Acts punishable:
 Distinguished from rape: if any of
the circumstances in the crime of rape is present,
1. Seduction of a virgin over 12 years and
the crime is not to be punished under this article
under 18 years of age by certain persons, such
 In case of a teacher, it is not
as a person in authority, priest, teacher; and
necessary that he be the teacher of the offended

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 party, as long as he is a teacher in the same
school.
 Qualified seduction of a sister or
descendant is punished by a penalty next higher
in degree. The age or reputation of the sister or
descendant is irrelevant.
 An accused charged with rape
cannot be convicted of qualified seduction under
the same information.
People vs. Fontanilla
Fe Castro, a fifteen-year old virgin, was brought by her
mother to the house of the appellant and his second wife
to serve as a helper. Fe Castro testified that during her
stay in the house of Fontanilla for about three months the
accused succeeded in having carnal knowledge of her
repeatedly, the total number of times she could not recall.
She was certain, however, that the accused consummated
the first sexual intercourse with her one night in
September. She also declared that prior to this incident,
the accused had made amorous overtures and advances
toward her. Aside from giving her money, the accused
repeatedly promised to abandon his wife to live with her.
Fe Castro 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. Their intimacies
lasted for almost three months until her aunt, the wife of
the accused, caught them in flagrante on the kitchen floor.
The following day she returned to her parents, and
revealed everything to her mother two days later.
Fontanilla denies everything.
HELD: It was qualified seduction. Anent the said marital
promise, Fontanilla also claims that there is no evidence on
record supporting its veracity. Granting this to be correct,
it is nevertheless settled that 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. When the offender is
a public officer, a priest or minister, a servant, domestic,
tutor, teacher, or under any title is in charge of the
education or keeping of the offended woman, as in the
present case, the act is punishable although fraud or deceit
may not have been used or, if employed, has not been
proved. The seduction of a virgin over twelve and under
eighteen years of age, committed by any of the persons
enumerated in Art. 337 "is constitutive of the crime of
qualified seduction . . . even though no deceit intervenes
or even when such carnal knowledge were voluntary on the
part of the virgin, because in such a case, the law takes for
granted the existence of the deceit as an integral element
of the said crime and punishes it with greater severity than
it does the simple seduction . . . taking into account the
abuse of confidence on the part of the agent (culprit), an
abuse of confidence which implies deceit or fraud."
Babanto vs. Zosa
Babanto, a policeman, brought Dagohoy, 13 years old and
with low mentality, to the ABC Hall where he succeeded in
having sexual intercourse with her. Babanto was charged
with rape but convicted of qualified seduction.
HELD: The complaint filed alleged that the accused abused
his position as policeman by having carnal knowledge of a
13 year old girl. However, there is no allegation that the
complainant was a virgin. 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. A conviction of the crime of qualified seduction
without the allegation of virginity would violate the
petitioner’s right to be informed of the nature and cause of
the accusation against him. Petitioner is guilty of rape,
consider the victim’s age, mental abnormality and
deficiency. There was also sufficient intimidation with the
accused wearing his uniform.
Perez vs. CA
Perez was able to have sexual intercourse with Mendoza
twice after he promised marriage to her. As he did not
make good on said promises, Mendoza filed a complaint for
Consented Abduction. The trial court found that the acts
constituted seduction, and so it acquitted him on the
charge of consented abduction. Mendoza then filed a
complaint for qualified seduction. Perez moved to quash
on the grounds of double jeopardy.
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
years of age. However, there are other elements which
differentiate the two crimes. For example, consented
abduction requires the taking away of the victim without
her consent, while qualified seduction requires that there
be abuse of authority, confidence or relationship. Thus, 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.
Article 338. Simple seduction
Elements:
1. Offended party is over 12 and under 18
years of age;
2. She is of good reputation, single or widow;
3. Offender has sexual intercourse with her;
4. 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 the offended party is
not required, good reputation is sufficient.
 Deceit generally takes the form of
unfulfilled promise of marriage.
 What about unfulfilled promise of
material things, i.e. the woman agrees to
intercourse with a man who promised to give her
jewelry? This is not seduction, because she is a
woman of loose morals. (she is a high-class
prostitute!)
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 Promise of marriage by a married
man is not a deceit, if the woman knew him to
be married.
People vs Pascua (2003)
FACTS: Liza and Anna Paragas, 12 year old twins, were
sexually molested by a neighbor Hipolito Pascua. Upon
learning what the Pascua had done to her daughters,
Leticia, their mother, confronted them. Liza and Anna
revealed that Pascua had sexually abused them. Leticia
wasted no time in reporting the matter to their barangay
chairman and to the police before whom she filed criminal
complaints. On appeal, Pascua argued that he should only
be liable for simple seduction.
HELD: Under Article 338 of the Revised Penal Code, to
constitute seduction, there must in all cases be some
deceitful promise or inducement. The woman should have
yielded because of this promise or inducement. In this
case, the appellant claims that the acts of sexual
intercourse with the private complainants were in
exchange for money. He declared that, prior to every
sexual intercourse with Liza and Anna, he would promise
them P20. However, aside from his bare testimony, the
appellant presented no proof that private complainants'
consent was secured by means of such promise. As aptly
opined by the trial court, the money given by the appellant
to private complainants was not intended to lure them to
have sex with him. Rather, it was for the purpose of buying
their silence to ensure that nobody discovered his dastardly
acts. The evidence for the prosecution was more than
enough to show that the element of voluntariness on the
part of private complainants was totally absent. Liza and
Anna's respective testimonies established that the
appellant had sexual intercourse with them without their
consent and against their will.
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 years of age but over
12 years, or a sister or descendant, regardless of
her reputation or age;
3. Offender accomplishes the acts by
abuse of authority, confidence, relationship, or
deceit.
 A male cannot be the
offended party in this crime.
 Even if the offended
party consented, the offender is still liable
because the consent is obtained by abuse of
confidence or relationship, or by means of deceit.
 When the victim is
under 12 years, the penalty shall be one degree
higher that that imposed by law.
Acts of lasciviousness Acts of lasciviousness
(Art. 336) (Art. 339)
Committed under the Committed under
circumstances which, had circumstances which, had
there been carnal there been carnal
knowledge, would amount to knowledge, would amount to
rape either qualified or simple
seduction
Article 340. Corruption of minors
Act punishable: The promotion or facilitation of the
prostitution or corruption of persons under age
(minors), to satisfy the lust of ANOTHER
Who are liable: Any person. If the culprit is a public
officer or employee, including those in GOCCs, there
is an additional penalty of temporary absolute
disqualification
 It is not necessary that the
unchaste acts shall have been done on the
minor. What the law punishes is the act of a
pimp who facilitates the corruption of minors,
NOT the performance of unchaste acts upon the
minor.
 A mere proposal will consummate
the offense.
 When the victim is under 12 years,
the penalty is one degree higher
RA 7610
Special protection of Children Against Child Abuse,
Exploitation and Discrimination Act
ARTICLE III
Child Prostitution and Other Sexual Abuse
SECTION 5. Child Prostitution and Other Sexual
Abuse. — Children, whether male or female, who for money,
profit, or any other consideration or due to the coercion or
influence of any adult, syndicate or group, indulge in sexual
intercourse or lascivious conduct, are deemed to be children
exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to
reclusion perpetua shall be imposed upon the following:
a) Those who engage in or promote, facilitate or
induce child prostitution which include, but are not limited
to, the following:
1. Acting as a procurer of a child prostitute;
2. Inducing a person to be a client of a child
prostitute by means of written or oral
advertisements or other similar means;
3. Taking advantage of influence or relationship to
procure a child as prostitute; NPcBCo
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 4. Threatening or using violence towards a child to
engage him as a prostitute; or
5. Giving monetary consideration goods or other
pecuniary benefit to a child with intent to engage
such child in prostitution.
(b) Those who commit the act of sexual intercourse of
lascivious conduct with a child exploited in prostitution or
subject to other sexual abuse; Provided, That when the
victims is under twelve (12) years of age, the perpetrators
shall be prosecuted under Article 335, paragraph 3, for rape
and Article 336 of Act No. 3815, as amended, the Revised
Penal Code, for rape or lascivious conduct, as the case may
be: Provided, That the penalty for lascivious conduct when
the victim is under twelve (12) years of age shall be
reclusion temporal in its medium period; and
(c) Those who derive profit or advantage therefrom,
whether as manager or owner of the establishment where
the prostitution takes place, or of the sauna, disco, bar,
resort, place of entertainment or establishment serving as a
cover or which engages in prostitution in addition to the
activity for which the license has been issued to said
establishment.
SECTION 6. Attempt To Commit Child Prostitution.
There is an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when any person who, not
being a relative of a child, is found alone with the said child
inside the room or cubicle of a house, an inn, hotel, motel,
pension house, apartelle or other similar establishments,
vessel, vehicle or any other hidden or secluded area under
circumstances which would lead a reasonable person to
believe that the child is about to be exploited in prostitution
and other sexual abuse.
There is also an attempt to commit child prostitution, under
paragraph (b) of Section 5 hereof when any person is
receiving services from a child in a sauna parlor or bath,
massage clinic, health club and other similar establishments.
A penalty lower by two (2) degrees than that prescribed for
the consummated felony under Section 5 hereof shall be
imposed upon the principals of the attempt to commit the
crime of child prostitution under this Act, or, in the proper
case, under the Revised Penal Code.
Article 341. White slave trade
Acts punishable:
In any manner or under any pretext,
1. Engaging in the 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. It is sufficient that
the accused has committed any of the acts in this
article.
 ‘Under any pretext’ – one who
engaged the services of a woman ostensibly as a
maid, but it reality for prostitution, is guilty under
this article.
 When the victim is under 12 years,
the penalty shall be one degree higher.
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 intent to marry or corrupt her
 Crimes against chastity where age
and reputation are immaterial:
o Rape
o Acts of lasciviousness
against the will or without the consent of the
offended party
o Qualified seduction of a
sister/descendant
o Forcible abduction
 The taking away of the woman may
be accomplished by means of deceit first and
then by means of violence and intimidation.
 If the female abducted is under 12
years of age, the crime is forcible abduction,
even if she voluntarily goes with her abducter.
 Sexual intercourse is not necessary
in forcible abduction
 Where there are several
defendants, it is enough that one of them had
lewd designs
 Husband cannot be found guilty of
forcible abduction, as lewd design is wanting. ???
 When there is deprivation of liberty
and no lewd designs, the crime is kidnapping and
serious illegal detention.
 Attempt to rape is absorbed in the
crime of forcible abduction, thus there is no
complex crime of forcible abduction with
attempted rape (the attempt is evidence of the
lewd designs)
 Consummated rape may absorb
forcible abduction if the main objective was to
rape the victim.
Forcible abduction Corruption of minors
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Purpose is to effect his lewd Purpose is to lend the victim
designs on the victim to illicit intercourse with
others
Forcible abduction with Kidnapping (with rape)
rape
The violent taking of the Not so motivated
woman is motivated by lewd
designs
Crime against chastity Crime against liberty
People vs. Sunpongco
Angeles was abducted from the jeepney by Silvestre
Sunpongco with the aid of 3 men and was brought to Hilltop
Hotel where Silvestre succeeded in having sexual
intercourse with her.
HELD. Article 344 of the RPC and the Rules on Criminal
Procedure require that the offenses of abduction and rape
and other offenses which cannot be prosecuted de oficio
shall not be prosecuted except upon complaint filed by the
offended party. In the CAB, it is admitted that the sworn
complaint of the victim was not formally offered in
evidence by the prosecution. This failure to adhere to the
rules however is not fatal and did not oust the court of its
jurisdiction to hear and decide the case.
Jurisprudence reveals that if the complaint in a case which
cannot be prosecuted de oficio is forwarded to the trial
court as part of the records of the preliminary investigation
of the case, the court can take judicial notice of the same
without the necessity of its formal introduction as evidence
for the prosecution. The records of the case forwarded to
the CFI include the complaint filed by Juanita in the
municipal court of Guiguinto which conducted the
preliminary investigation. Subject complaint was also
marked as an exhibit.
People vs. Jose
This is the Maggie DeLa Riva story (wherein Maggie was
abducted and brought to the Swanky Hotel, where the four
accused each took turns in raping her)
HELD: While the first act of rape was being performed, the
crime of forcible abduction had already been
consummated, so that each of the three succeeding crimes
of the same nature cannot legally be considered as still
connected with the abduction. In other words, they should
be detached from, and considered independently of, that
of forcible abduction, and therefore, the former can no
longer be complexed with the latter.
As regards therefore, the complex crime of forcible
abduction with rape, the first of the crimes committed, the
latter is definitely the more serious crime. Hence,
pursuant to Article 48, the penalty prescribed shall be
imposed in the maximum period. Consequently, the
accused should suffer the extreme penalty of death. No
need to consider aggravating circumstances for the same
would not alter the nature of the penalty imposed.
People vs. Alburo
Alburo and 2 other men raped Evelyn Cantina. She was a
jeepney passenger when she was prevented from leaving
the jeepney, taken to a remote place and was raped there.
HELD: They are guilty of the complex crime of FORCIBLE
ABDUCTION WITH RAPE. In reviewing the evidence
adduced by the prosecution for this crime of Rape, we have
likewise been guided by three well-known principles,
namely, (1) that an accusation of rape can be made with
facility, is difficult to prove, but more difficult for the
person accused, though innocent, to disprove; (2) that
in view of the intrinsic nature of the crime of rape
where only two persons are usually involved, the
testimony of the complainant must be scrutinized with
extreme caution; and (3) that the evidence for the
prosecution must stand or fall on its own merits, and
cannot be allowed to draw strength from the
weaknesses of the evidence for the defense.
The factual milieu of this criminal charge before us gives us
no reason to depart from these established rules. On the
contrary, we find that Appellant had taken Evelyn away
against her will, with lewd designs, subsequently forced
her to submit to his lust and rendering her unconscious in
the process, thereby justifying his conviction for the
complex crime of Forcible Abduction with Rape under
Article 48 in relation to Articles 335 and 342 of the Revised
Penal Code, with which he has herein been charged.
People vs. Godines
Ancajas witnessed the killing of Vilaksi by the 2 accused.
The accused, upon seeing her with her baby, dragged her
to a vacant lot where they took turns in raping her. Trial
court convicted them of the crime of rape.
HELD: TC correctly held that forcible abduction is
absorbed in the crime of rape if the main objective of the
accused is to rape the victim.
Forcible Abduction with rape
People v. Ablaneda (2001)
FACTS: On February 18, 1993, at around 7:00
o'clock in the morning, six-year old Magdalena Salas
was walking to school. Along the way, Jaime Ablaneda
approached her and asked if he could share her
umbrella, since it was raining. He then boarded a
trimobile with Magdalena and brought her to a small
hut. While inside, Ablaneda removed his underwear and
the child's panties. He applied cooking oil, which he
had bought earlier, on his organ and on Magdalena's.
Then, he proceeded to have sexual intercourse with
the little girl.
When Magdalena arrived at their house,
Ailene Villaflores, her uncle's sister-in-law, noticed that
she looked pale and weak, and found traces of blood on
her dress. Magdalena confessed that she was raped by a
man who had a scar on the stomach. Dr. Nilda Baylon,
the Medico-Legal Officer who examined Magdalena,
found that the latter's hymen was completely
lacerated, thus confirming that she had indeed been
raped.
Ablaneda was charged before the RTC, with
the complex crime of Forcible Abduction with Rape. He
was found guilty.
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 HELD: All the elements of forcible abduction
are present in this case. The victim, who is a woman,
was taken against her will, as shown by the fact that
she was intentionally directed by accused-appellant to
a vacant hut. At her tender age, Magdalena could not
be expected to physically resist considering that the
lewd designs of accused-appellant could not have been
apparent to her at that time. The employment of
deception suffices to constitute the forcible taking,
especially since the victim is an unsuspecting young
girl. Considering that it was raining, going to the hut
was not unusual to Magdalena, as probably the purpose
was to seek shelter. Barrio girls are particularly prone
to deception. It is the taking advantage of their
innocence that makes them easy culprits of deceiving
minds. Finally, the evidence shows that the taking of
the young victim against her will was effected in
furtherance of lewd and unchaste designs. Such lewd
designs in forcible abduction is established by the
actual rape of the victim.
People v Gerry Lining (2002)
FACTS: On October 4, 1997, Emelina Ornos,
then fifteen (15) years old visited her aunt Josephine to
spend the night. While in her aunt's house, Emelina was
invited by one Sajer to a dance party to be held at the
barangay basketball court. Emelina accepted the
invitation and at around seven o'clock in the evening of
the same day, she went to the party, accompanied by
her aunt. Josephine then left Emelina at the party,
telling her that she had to go home but she would
return later to fetch her.
Emelina decided to go home alone. On her
way to her aunt's house, Emelina was accosted by Gerry
Lining and Lian Salvacion. Lining poked a kitchen knife
at Emelina's breast and the two held her hands.
Emelina was dragged towards the ricefield and was
forcibly carried to an unoccupied house where she was
raped by both men.
The next day, Gerry Selda, a friend of her
father, saw her crying. She told him about the rape
incident and Selda accompanied her to the police. The
Chief of Police immediately ordered the arrest of
Lining but Salvacion was able to escape. After trial, the
court found Gerry Lining guilty beyond reasonable
doubt for the crime of forcible abduction with rape,
and for another count of rape.
HELD: Accused-appellant could only be
convicted for the crime of rape, instead of the complex
crime of forcible abduction with rape. Indeed, it would
appear from the records that the main objective of the
accused when the victim was taken to the house of Mila
Salvacion was to rape her. Hence, forcible abduction is
absorbed in the crime of rape.
Article 343. Consented abduction
Elements:
1. Offended party is a virgin;
2. She is over 12 and under 18 years of age;
3. Offender takes her away with her consent, after
solicitation or cajolery;
4. The taking away is with lewd designs.
 Purpose of the law: to prescribe
punishment for the disgrace to her family and the
alarm caused therein by the disappearance of
one who is, by her age and sex, susceptible to
cajolery and deceit.
 If the virgin is under 12, the crime
is forcible abduction. (because law assumes that
a person of such age cannot give consent, so this
also applies to those deprived of reason)
 The taking away of the girl need
not be with some character of permanence.
 When there was no solicitation or
cajolery and no deceit and the girl voluntarily
went with the man, there is no crime committed
even if they had sexual intercourse.
Article 344. Prosecution of the crimes of
adultery, concubinage, seduction, abduction,
rape and acts of lasciviousness.
Who may file complaint:
1. For adultery and concubinage – must be
prosecuted upon complaint signed by the
offended person
2. For seduction, abduction or acts of
lasciviousness – must be prosecuted upon
complaint signed by
a. the offended party
b. her parents
c. her grandparents or
d. guardians, in the order in which
they are named above.
 Reason why the crimes
against chastity cannot be prosecuted de oficio –
offended woman might prefer to suffer the
outrage in silence rather than go through with
the scandal of a public trial
Adultery and concubinage
 Offended party cannot institute
criminal proceedings without including BOTH
guilty parties, if they are both alive.
 Offended party cannot institute
criminal proceedings if he shall have consented
or pardoned the offenders.
 Pardon in 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.
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 Consent – given before the adultery
or concubinage was committed. Example:
agreement to live separately.
 Delay in the filing of the complaint
does not indicate pardon.
Seduction, abduction, acts of lasciviousness
 Offended party cannot institute
criminal proceedings if the offender has been
EXPRESSLY pardoned by the offended party, or
her parents, grandparents or guardian.
 Pardon by the parent, grandparent
or guardian must be accompanied by the express
pardon of the offended woman herself.
 The right to file action of the
parents, grandparents and guardian shall be
exclusive of other persons and shall be exercised
successively in the order provided.
 When the offended party is a
minor, her parents may file the complaint.
 When the offended party is of age
and is in complete possession of her mental or
physical faculties, she alone can file the
complaint.
 The guardian must be legally
appointed by the court.
 Rape complexed with another crime
against chastity need not be signed by the
offended woman, since rape is a public crime.
 When the evidence fails to prove a
complex crime of rape with another crime, and
there is no complaint signed by the offended
woman, the accused cannot be convicted of rape.
 Marriage of the offender with the
offended party in seduction, abduction, acts of
lasciviousness and rape, extinguishes criminal
action or remits the penalty already imposed.
 The marriage extinguishes the
criminal action even as to co-principals,
accomplices and accessories of the crime.
 Marriage must be entered into in
good faith and with the intent of fulfilling the
marital duties and obligations.
 Pardon must be given before the
institution of criminal proceedings (bar to
prosecution). Marriage may take place after
criminal proceedings have commenced, or even
after conviction (extinguishes criminal action and
remits penalty).
Pilapil vs. Ibay-Somera
Geiling, a German, was able to obtain a decree of divorce
in Germany against his wife Pilapil, a Filipina. Five months
after the issuance of the divorce decree, Geiling filed 2
complaints for adultery against Pilapil.
She challenged the complaint on the ground that the
complainant, her husband, does not qualify as an offended
spouse having obtained a final divorce decree under his
national law prior to his filing the criminal complaint.
HELD: The crime of adultery, as well as four other crimes
against chastity, cannot be prosecuted except upon a
sworn written complaint filed by the offended spouse. It
has long since been established, with unwavering
consistency, that compliance with this rule is a
jurisdictional, and not merely a formal, requirement. Now,
the law specifically provides that in prosecutions for
adultery and concubinage the person who can legally file
the complaint should be the offended spouse, and nobody
else. Unlike the offenses of seduction, abduction, rape and
acts of lasciviousness, no provision is made for the
prosecution of the crimes of adultery and concubinage by
the parents, grandparents or guardian of the offended
party. The so-called exclusive and successive rule in the
prosecution of the first four offenses do not apply to
adultery and concubinage.
It necessarily follows that such initiator must have the
status, capacity or legal representation to do so at the time
of the filing of the criminal action. Lack of legal capacity
to sue, as a ground for a motion to dismiss in civil cases, is
determined as of the filing of the complaint or petition.
Hence, with reference to adultery cases, the status of the
complainant vis-à-vis the accused must be determined as of
the time the complaint was filed. The person who initiates
the adultery case must be an offended spouse, and by this
is meant that HE IS STILL MARRIED to the accused spouse,
at the time of the filing of the complaint.
The divorce obtained by Geiling and its legal effects may
be recognized in the Phils. In view of the nationality
principle in our civil law on the matter of status of persons.
(Aliens of Filipino spouses may obtain divorces abroad,
which may be recognized in the Phils. if they are valid
according to their national law._
Being no longer the husband of Pilapil, Geiling had no legal
standing to commence the adultery case under the
imposture that he was the offended spouse at the time he
filed the suit.
Article 345. Civil liability of persons guilty of
crimes against chastity
Civil liabilities of persons guilty of rape, seduction, or
abduction:
1. To indemnify the offended woman;
2. To acknowledge the offspring, unless the law
shall prevent him from so doing;
3. In every case to support the offspring
 The adulterer and concubine can be
sentenced only to indemnify for damages caused
to the offended spouse.
 No civil liability of acts of
lasciviousness under this article.
 Only indemnity is possible in
adultery and concubinage because only children
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 born of parents who could marry at the time of
conception may not be acknowledged. Support
is also not possible because the person who gives
birth is one of the offenders.
 Moral damages may be recovered
in seduction, abduction, rape or other lascivious
acts, as well as adultery and concubinage (Art.
2219, Civil Code). The parents of the female
seduced, raped or abused may also recover
moral damages.
 All offenders in multiple rape must
support the offspring, as any one of them may be
the father.
 Under the Civil Code, judgment to
recognize the offspring may only be given if there
is pregnancy within the period of conception,
which is within 120 days from the commission of
the offense (Article 283)
 In rape of a married woman, only
indemnity is allowed. Defendant cannot be
sentenced to acknowledge the offspring, because
the woman is married. Support cannot also be
given, because the offender cannot enter
periodically the house of the married woman to
give such support. This will cause disturbance to
the family rights of the married couple.

Article 346. Liability of ascendants, guardians,

teacher or other persons entrusted with the
custody of the offended party

Persons who cooperate as accomplices but are

punished as principals in rape, seduction, abduction,
acts of lasciviousness etc (chapters 2, 3 and 4 of this
title):

1. ascendants
2. guardians
3. curators
4. teachers
5. any other person, who cooperates as
accomplice with abuse of confidence or
confidential relationship

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