Criminal Law Book 2 – Title Eleven

TITLE ELEVEN

CRIMES AGAINST CHASTITY

A. ELEMENTS OF ADULTERY: (333)

  1. That the woman is married (even if marriage subsequently declared void)
  2. That she has sexual intercourse with a man not her husband.
  3. That as regards the man with whom she has sexual intercourses, he must know her to be married.

Notes:

  1. mitigated if wife was abandoned without justification by the offended spouse (man is not entitled to this mitigating circumstance)
  2. attempted: caught disrobing a lover

B. ELEMENTS OF CONCUBINAGE: (334)

  1. That the man must be married.
  2. That he committed any of the following acts:
    1. Keeping a mistress in the conjugal dwelling.
    2. Having sexual intercourse under scandalous circumstances with a woman who is not his wife.
    3. 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 neighbor’s spiritual damage and ruin

C. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336)

  1. That the offender commits any act of lasciviousness or lewdness.
  2. That it is done under any of the following circumstances:
    1. by using force or intimidation, or
    2. when the offended party is deprived of reason or otherwise unconscious, or
    3. when the offended party is under 12 years of age.
  3. That the offended party is another person of either sex.

D. ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: (337)

Two classes of qualified seduction:

  1. 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
  2. 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:

  1. Those who abuse their authority:
    1. persons in public authority
    2. guardian
    3. teacher
    4. person who, in any capacity, is entrusted with the education or custody of the woman seduced
  2. Those who abused the confidence reposed in them:
    1. priest
    2. house servant
    3. domestic
  3. Those who abused their relationship:
    1. brother who seduced his sister
    2. ascendant who seduced his descendant

E. ELEMENTS OF SIMPLE SEDUCTION: (338)

  1. That the offended party is over 12 and under 18 years of age.
  2. That she must be of good reputation, single or widow.
  3. That the offender has sexual intercourse with her.
  4. That it is committed by means of deceit.

Note: common form is unconditional promise to marry

F. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY: (339)

  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.

G. ELEMENTS OF CORRUPTION OF MINORS: (340)

Act punishable: By promoting or facilitating the prostitution or corruption of persons underage to satisfy the lust of another

H. ELEMENTS OF WHITE SLAVE TRADE: (341)

Acts penalized

1. Engaging in the business of prostitution

2. Profiting by prostitution

3. Enlisting the servicxe of women for the purpose of prostitution

I. 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.

J. 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.

K. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION RAPE AND ACTS OF LASCIVIOUSNESS (344)

  1. Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse
  2. Seduction, abduction, rape or acts of lasciviousness must be prosecuted upon complaint signed by:
  1. offended party
  2. by her parents
  3. grandparents
  4. guardians in the order in which they are named above

Note: Marriage of the offender with the offended party extinguishes the criminal action or remit the penalty already imposed upon him. This applies as well to the accomplices, accessories-after-the-fact. But marriages must be in good faith. This rule does not apply in case of multiple rape.

L. Civil liability of persons guilty of rape, seduction or abduction (345)

  1. To idemnify the offended women
  2. To acknowledge the offspring, unless the law should prevent him from doing so
  3. In every case to support the offspring

M. LIABILITY OF ASCENDANTS, OTHER PERSONS ENTRUSTED WITH CUSTODY OF OFFENDED PARTY WHO BY ABUSE OF AUTHORITY OR CONFIDENCE SHALL COOPERATE AS ACCOMPLIES: (346)

 

Reference:

Criminal Law Book 2 Reviewer

Ateneo Central Bar Operations 2001

Advertisements

About Magz

First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other languages and a person who likes writing and blogging. I lost some important files and software when my computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected when I was at the law school and at the same time, I want to help out law students who do not have enough time to go and read books in the library.

Posted on January 25, 2012, in Criminal Law and tagged . Bookmark the permalink. 3 Comments.

  1. wala po yung title 9 😦

  2. Thank you Magz for sharing this info. Learning a lot from it. God bless always.

  3. Melvin G. Lagana

    Good Afternoon, I find your explanation very simple and direct to the point. It really adds my wisdom and understanding in legal matters. Thank you very much… God bless and more power.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: