Session 4 (Crimes Against Chastity)

CRIMES AGAINST CHASTITY

Art. 333. 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 of
her, knowing her to be married.

Note: If a man lies with a married woman, knowing her to be married, he commits the
crime of adultery. If a married woman lies with a man who is not her husband, she
likewise commits the crime of adultery. In order to constitute adultery in either
instance, there must be a joint physical act. Both bodies — that of the man and the
woman — must concur in the act.

ELEMENTS OF ADULTERY

1. The offender is a married woman;

2. She has sexual intercourse with a man not her husband;
3. As to the man whom she had sexual intercourse with, he must know her to be
married.

Art. 334. Concubinage - Committed by a husband who shall keep a mistress in the
conjugal dwelling, or, shall have sexual intercourse under scandalous circumstances
with a woman not his wife, or shall cohabit with her in any other place.

ELEMENTS OF CONCUBINAGE

1. The offender (man) must be married;

2. He committed any of the following:
a. Keeping a mistress in the conjugal dwelling.
b. Having sexual intercourse under scandalous circumstances with a woman not his
wife.
c. Cohabiting with her in any other place.
3. As regards the woman offender (concubine) she must know him to be married.

EFFECTS OF PARDON AND CONSENT IN ADULTERY AND CONCUBINAGE - The

criminal charge cannot prosper if the offended spouse has consented to the offense
or pardoned the offenders.Pardon can be express or implied. An example of express
pardon is when the offended party in writing or in an affidavit asserts that he or she is
pardoning his or her erring spouse and paramour for their act. There is implied
pardon when the offended party continued to live with his spouse even after the
commission of the offense.Pardon must come before the institution of the criminal
action and both offenders must be pardoned by the offended party.

MUTUAL RECRIMINATION BETWEEN THE SPOUSES IS ONLY MITIGATING –

Example: Aldin and Yaya are married. Aldin is having sex with Nadine, another
woman under scandalous circumstances while Yaya had sex with James, another
man. Aldin and Yaya can file a case against each other. Their mutual recrimination
(mutual kataksilan/gantihan) only mitigates their liabilties.
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Art. 336. Acts of lasciviousness - Committed by any person who shall commit any act
of lasciviousness upon other persons of either sex, under the circumstances
mentioned in the crime of rape.

ELEMENTS OF ACTS OF LASCIVIOUSNESS

1. The offender is either sex who commits any act of lasciviousness or lewdness.
2. It is done under any of the following circumstances:
a. Using force or intimidation;
b. When the offended party is deprived of reason or otherwise unconscious;
c. When the offended party is a person of either sex

Note: The fundamental difference between attempted rape and acts of lasciviousness is
the offender’s intent to lie with the female. In rape, intent to lie with the female is
indispensable, but this element is not required in acts of lasciviousness.

Art. 337. Qualified seduction - Committed by any person in public authority, or

priest, home servant, domestic guardian, teacher, or any person who, in any capacity,
shall be entrusted with the education or custody of a virgin over 12 but under 18
years of age who shall have carnal knowledge with her.
It may also be committed by a brother or an ascendant, whether or not the
woman is a virgin or over 18 years old.

SEDUCTION, DEFINED - Enticing a woman to unlawful sexual intercourse by

promise of marriage or other means of use or persuasion.

Note: Some experts say the crime of seduction appears to have been modified by rape
committed by means of fraudulent machination or by grave abuse of authority. Under
the Anti Rape Law, there is rape the man used ―grave abuse of authority‖ hence it
would seem that if the abuse is not ―grave‖, the offense would still be qualified
seduction.

ELEMENTS OF QUALIFIED SEDUCTION:

1. The woman is a virgin

2. She is 12-18 years of age
3. The offender had sex with her
4. There is abuse of authority, relationship or confidence.

VIRGINITY, DEFINED - The condition of a female who has not experienced sex.

KINDS OF VIRGINITY

1. Moral virginity- the state of not knowing the nature of sexual life and not
having experience sexual relations.
2. Physical virginity- a state where a woman is aware of sexual life but has not
experienced sexual intercourse
3. Demi virgin- woman who permits any form of sexual liberties as long as the
partner abstain from rupturing her hymen
4. Virgo intacta.- a woman who has had previous sex but had not given birth.
 Session 4 (Crimes Against Chastity)

Art. 338. Simple seduction - Committed by seducing a woman who is single or a

widow of good reputation, over 12 but under 18 years old, committed by means of
deceit.1

ELEMENTS OF SIMPLE SEDUCTION

1. Offended party is under 12-18 years of age

2. She is of good reputation, single, widow
3. Offender had sexual intercourse with the offended woman
4. There is deceit

Art. 339. Acts of lasciviousness with the consent of the offended party -
Committed by the same persons and under the same circumstances as those provided
in article 337 and 338.

ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH CONSENT OF OFFENDED

PARTY

1. The offender commits acts of lewdness

2. The victim is a woman who is:
a. virgin
b. single or widow
c. of good reputation
d. 12-18 years of age

3. the offender used abuse of authority, confidence, relationship, or deceit.

Art. 340. Corruption of minors - Committed by any person who shall promote or
facilitate the prostitution or corruption of persons under age to satisfy the lust of
another.

PIMP, DEFINED - A pimp is a person who provides gratification for the lust of
another.

Art. 341. White slave trade - Committed by any person who, in any manner, or under
any pretext, shall engage in the business or shall profit by prostitution or shall enlist
the services of any other for the purpose of prostitution.

Art. 342. Forcible abduction - The abduction of any woman against her will and with
lewd designs.

ABDUCTION, DEFINED - Taking away of a woman for the purpose of marrying or

corrupting her.

ELEMENTS OF FORCIBLE ABDUCTION

1. The victim is any woman of any age or civil status or reputation

1 Deceit generally takes in the form of promise of marriage

 Session 4 (Crimes Against Chastity)

2. the abduction is against her will

3. The abduction is with lewd design2

Note: What distinguishes kidnapping or illegal detention from forcible abduction is the
presence of lewd design in the latter. In the absence of lewd design, the act of forcibly
taking away a woman against her will may be that of kidnapping and serious illegal
detention.

Art. 343. Consented abduction - The abduction of a virgin over 12 and under 18
years of age, carried out with her consent and with lewd design.

Note: The gravamen of the offense of the abduction of a woman with her own consent,
who is still under the control of her parents or guardians is "the alarm and
perturbance to the parents and family" of the abducted person, and the infringement
of the rights of the parent or guardian. But-in cases of seduction, the gravamen of the
offense is the wrong done the young woman who is seduced.

ELEMENTS OF CONSENTED ABDUCTION

1. The offended party must be a virgin.

2. She must be over 12 and under 18 years of age;
3. Her taking away must be with her consent, normally after solicitation or cajolery
from the accused.
4. The taking away of the woman must be with lewd design.

PURPOSE OF THE LAW IN PUNISHING CONSENTED ABDUCTION - To punish the

disgrace to the family of the woman and the alarm caused therein by her
disappearance whose age and sex is easy to deceive.

Art. 344. Prosecution of the crimes of adultery, concubinage, seduction,

abduction, rape and acts of lasciviousness

SUMMARY OF THE RULES IN ARTICLE 344:

1. Both of the offenders must be included in the prosecution if both are alive.
2. Private crimes such as seduction, abduction, acts of lasciviousness, shall not be
prosecuted except upon complaint of the following in the order:

a. offended party;
b. her parents;
c. grandparents
d. guardian (Note: Effect of pardon)

3. Marriage in cases of seduction, abduction and acts of lasciviousness shall

extinguish the criminal action or remit the penalty. It shall be applicable to co
principals, accomplices, and accessories after the fact.

2Lewd design may be defined as the intention to abuse a woman. If the main purpose in abducting a
woman is simply to rape her, the crime committed is ―rape‖ not forcible abduction with rape.
 Session 4 (Crimes Against Chastity)

Art. 345. Civil liability of persons guilty of rape, seduction or abduction:

a. To indemnify the offended woman

b. To acknowledge the offspring, unless the law should prevent him from so
doing
c. In every case to support the offspring

RA 9995 -"Anti-Photo and Video Voyeurism Act of 2009".cralaw

"Photo or video voyeurism" means the act of taking photo or video coverage of a person
or group of persons performing sexual act or any similar activity or of capturing an
image of the private area of a person or persons without the latter's consent, under
circumstances in which such person/s has/have a reasonable expectation of privacy, or
the act of selling, copying, reproducing, broadcasting, sharing, showing or exhibiting the
photo or video coverage or recordings of such sexual act or similar activity through
VCD/DVD, internet, cellular phones and similar means or device without the written
consent of the person/s involved, notwithstanding that consent to record or take photo
or video coverage of same was given by such person's.