Criminal liability of Persons committing sexual
intercourse or other lascivious acts against another
person
The commission itself per se is not punishable, but will be
punishable if a man will have a carnal knowledge under
any of the following circumstance:
- Force and/or intimidation is employed
- Victim is deprived of reason or is unconscious
- Fraudulent machination is employed
- Grave abuse of authority
- Victim is statute (statutory rape)
- Victim is below 20 years old, raise into statue
- Victim is below 12 years old or is demented
Rape
Generally committed by a man against a woman, at least
principal by direct participation
October ’97 – crime of rape reclassified from a crime
against chastity into a crime against persons
Legal Implications of Reclassification
1. It transcends genders - may be committed by any
persons against other persons
Rape through sexual assault – any person inserting any
object in the anal orifice of any person or in the genitals of
a woman or a man who inserts his penis in the mouth or
anal orifice of any person. (People vs Soriano)
2. Public crime, it can now be prosecuted de oficio - the
criminal action can be instituted, not only by the offended
party or by her parents, grandparents or guardians, but by
any person.
3. Pardon of forgiveness extended by the offended party to
the offender no longer extinguishes the criminal action, Greasing and stroking of the women’s genitalia is an act of
more so, the liability. lasciviousness. (Primo vs Campuhan)
Exception: The offended party subsequently contracts a
valid marriage with the offender.
Exception of Exception: marital rape (forgiveness of the
wife to the husband extinguishes criminal action and
liability)
Stages of Rape
1. Attempted
2. Consummated
Rape has no frustrated stage since it was settled that the
crime of rape has been proved once the tip of the penis
touches the other set of lips of a woman, no full
penetration needed, the slightest penetration would
suffice.
The crime of rape is deemed produced under that instance
because has deem to realize his purpose (People vs Orita)
Art. 266-A – Sexual intercourse do not appear, only carnal
knowledge.
Carnal knowledge – as the mere bodily connection
between a man and a woman (People vs Orita citing
Black’s Law Dictionary)
Acts of Cunnilingus (use of tongue inserted into women’s
genitalia) is a crime of rape through sexual assault in its
consummated stage. The crime of rape is an affront
against human dignity. (People vs Bonoagua (2012) and
Ricalde vs People (2014))
Acts of Lasciviousness vs Attempted Rape
Both have lewd designs on the part of the offender but the
genitalia of the male offender does not touch the women’s
genitalia.
For an act to constitute rape on its attempted stage as
distinguished from acts of lasciviousness, there must be
the intent on the part of the offender to lie with the
woman, otherwise, that would constitute of acts of
lasciviousness only (Primo vs Campuhan)
The act is not attempted rape since the overt acts which
would have committed the crime of rape were not
present. He should only be convicted of unjust vexation.
(Baleros vs People)
A kiss with lewd design and against the will of the person is relationship or by means of deceit. There must not be no
an act of lasciviousness, otherwise it is considered unjust
vexation.
Lewd Designs – state of mind
*A person who kisses another in public has no lewd design.
Qualified and Simple Seduction
- Private crimes
- Cannot be prosecuted de oficio
- Can only be instituted by the offended party or by
her parents, grandparents or guardians, in that
order.
- The offender must be a man.
- The offended party must be a girl between 12-18
years old.
- The offender must have succeeded in having
sexual intercourse with the woman without the
qualifications under rape except abuse of
authority, relationship or confidence towards the
victim.
Enumerated Qualified Seduction Offenders (Art. 337)
- Priest
- Public Authority
- Public persons in charge with the custody of the
woman
- Teachers – the offender need not be the teacher of
the victim, as long as belonging on the same school
or institution.
Misconception
- Virginity as requirement
 In qualified seduction, should consider the would have sexual intercourse with another woman other
reputation of the woman.
 In qualified seduction, virginity is required, circumstances.
in simple seduction it is not.
Simple Seduction – the man had sex with woman aged 12-
18 by means of deceit.
Acts of Lasciviousness with the consent of offended party
(Art. 339) – committed a man against a woman between
12-18 years old and who commits acts of lasciviousness
against her by abusing hi authority, confidence or
sexual intercourse.
Prostitution
- May be committed only by women who, for
money or profit, would habitually indulge in sexual
intercourse or other lascivious act or conduct.
- Must have multiple partners
- Habitually does not speak of frequency but
regularity of the act
Adultery and Concubinage
- There must be sexual intercourse, esp. on adultery
- Private crimes, may only be instituted by the
offended spouse against both the offending
spouse and the paramour or concubine
- Pardon of forgiveness extended by the offended
party to the offenders operates the
extinguishment of the criminal action, not the
liability.
- Crimes against chastity
Adultery - committed by a married woman who had sexual
intercourse other than her husband.
- Committed by a man who had sexual intercourse
with a married woman who he knows to be
married.
- A lesser penalty for married women convicted if
they were abandoned by their husbands without
justification. (Special mitigating circumstance
under Art. 334)
Concubinage – may be committed by a married man who
than his wife in any manner under scandalous
- If the married man keep a mistress in the conjugal
dwelling.
Grave Scandal (Art. 200)
- Crimes against decency
- May be committed by any person who would
perform any highly scandalous act in a public place
or within public view or knowledge
- Offender must not be violating any other
provisions of the Revised Penal Code

Public place – areas where people or the public are
permitted or allowed to enter.
*A movie house at 2 in the morning is not a public place.
*Commission of sexual act inside a heavily tinted car is not
grave scandal; the car maybe considered extension of
home and heavily tinted cars are not of public view.
Q: A, wife of B, was caught having sex with C by D, C’s wife
inside the movie house. Are they liable for grave scandal?
A: No, because they are violating other provisions in the
RPC.
A committed Adultery and Concubinage as a
Concubine of C. B committed Concubinage and Adultery
for having sex with a married woman knowing her social
status.
Therefore, A & B will be liable for the Complex
Crime of Adultery with Concubinage for committing four
less grave crimes from a single act.
Misconceptions
*All crimes under Crimes against Chastity are all private
crimes.
- The only private crimes are Adultery and
Concubinage, Acts of Lasciviousness, Qualified and Simple
Seduction, Forcible Abduction and Consented Abduction
Other crimes are public crimes, esp. white slave
trade (Art. 341) and corruption of minors (Art.340) which
are already under Anti-Human Trafficking
Art. 344. Prosecution of the crimes of adultery,
Concubinage, seduction, abduction, rape and acts of
lasciviousness.
Adultery and Concubinage – be prosecuted only by the
offended spouse, include to the complaint both the
Offending Spouse and the Paramour or Concubine
- Pardon of forgiveness extended by the offended
spouse could extinguish the criminal action
Acts of Lasciviousness, Qualified and Simple Seduction,
Forcible and Consented Abduction – may be prosecuted by A: The person who may be identified to have inflicted the
the offended party, his/her parents, in case of incapacity of fatal wound that had caused Y’s death may be held liable
offended party, or by the parents, or by the guardian/s of
the offended party, on the said order.
- Marriage between offender and offended party
extinguishes not only the criminal action but also
the criminal liability.
- Such marriage also benefits the co-accused, co-
principals, accomplices and accessories. (Not
applicable to Rape as of 1997(Art. 266 (c))
Q: A married B, not knowing that B is a transgender. After
knowing B’s sexual status on their honeymoon, A punched
B, making him semi-unconscious, then took a kitchen knife
to cut B’s genitals slowly, and left. B died from loss of
blood. What crime is A liable? Murder qualified by means
of cruelty or Parricide?
A: A is guilty of Murder qualified by means of cruelty. Art.
40 of Civil Code for declaration of marriage status only
apply only for purposes of Remarriage and for crimes of
Bigamy. A and B are not legally married.
Death caused in a Tumultuous Affray (Art. 251)
Affray – quarrel or fight
Tumultuous affray – takes place when a quarrel occurs
between several persons who engage in a confused and
tumultuous manner, in the course of which a person is
killed or wounded and the author thereof cannot be
ascertained.
*When 251 applicable: if there are several persons, not
composing groups, which are organized of mutually
assaulting or attacking one another.
*When 251 not applicable: if the groups can be identified
and are formed to attack and assault one another.
Ex. Fraternities – the members will be liable as
conspirators or as principals by direct participation.
Q: A, B , C & D are having fun at the club, the group of V,
X, Y and Z suddenly came. Conflict ensued between the
groups. Suddenly, Y fallen down the ground lifeless. Who
may be responsible for Y’s death and for what reason?
for Homicide. If not identified, the person who was
identified to have inflicted serious injuries upon Y will be
held liable for Death caused in a Tumultuous Affray and to
suffer imprisonment of Prision Mayor. If both unidentified,
the person who had been identified to have employed
violence upon Y will be held liable for Death caused on a
tumultuous Affray. If all cannot be identified, no one will
be held liable.

Discharge of Firearms
- Crime against Persons
Crimes resulting from Discharge:
1. Discharge of Firearms (Art. 254 RPC) – may be
committed by any person who discharges a firearm
to another without intent to kill. The purpose is
either to scare, frighten or intimidate the victim.
*With intent to kill: Attempted Homicide