Crimes Against Chastity

THE CRIMES AGAINST CHASTITY

WHICH CANNOT BE PROSECUTED DE

OFFICIO ARE

1. Concubinage (Art. 334);

2. Adultery (Art. 333);

3. Seduction whether qualified or simple

4. Abductio may be torcible or consented

5. Acts of Lasciviousness with or without consent

Which crime can be prosecuted de officio?

Corruption of minors and white slave trade

Adultery - Persons liable

1. The married woman who engages in sexual

intercourse with a man not her husband; and

2. The man who, knowing of the marriage of the

woman, has sexual intercourse with her

Adultery - Elements

(MaNoK)

1. That the woman is Married;

2. That she has sexual intercourse with a man Not

her husband; and

3. That as regards the man with whom she has

sexual intercourse, he must Know her to be married

gist of the crime of adultery

the danger of introducing spurious heirs into the

family, whereby the rights of the real heirs may be

impaired and a man may be charged with the

maintenance of a family not his own

Adultery - Mitigating Circumstance

The criminal liability is mitigated when adultery is committed while

being abandoned by her husband without

justification

ACQUITTAL OF ONE OF THE

DEFENDANTS WILL NOT

AUTOMATICALLY ACQUIT THE OTHER

1. There may not be a joint criminal intent, although

there is a joint physical act (REYES, Book Two,

supra at 1133).

2. One of the parties may be insane and the other is insane and the other is sane.

3. The man may not know that the woman is.

4. The death of the woman during the pendency of the action cannot defeat the trial and conviction of the man.

5. Even if the man had left the country and could

not be apptehended, the woman can be tried

and convicted

REQUIREMENTS FOR PARDON:

1. Must come before the institution of the criminal

prosecution; and

2 Both offenders must be pardoned (REYES,

Book Two, supra at 1134).

EFFECT OF CONSENT

When there is consent, whether implied or

expressed, the husband cannot institute a criminal

complaint for adultery.

Requirement for Pardon or Consent to Effect

For either consent or pardon to benefit the accused.

it must be given prior to the filing of a criminal complaint.

Recrimination

Husband's illicit relationship does not absolve but

may mitigate wife's liability for adultery

Adultery vs. Prostitution

chastity; morals

married woman; married or unmarried

sex with a man not her husband; habitual indulgence in sex or LC for money or profit

PL - Concubinage

1. The married man; and

2. The woman who knew that the man was married

E - Concubinage

(MAK)

1. That the man must be Married;

2. That he committed Any of the following acts:

(CSC)

a. Keeping a mistress in the Conjugal dwelling

(mistress must live therein a s such);

b. Having sexual intercourse under

Scandalous circumstances with a woman

who is not his wife (proof of actual sexual relations not required as long as it can be

inferred); or

c. Cohabiting with her in any other place (as

husband and wife); and

3. As regards the woman, she must Know him to

be married (Id.).

Mistress

To be considered a mistress, she must be taken and

sheltered in a conjugal dwelling as a concubine

Conjugal Dwelling

It is the home of the husband and wife, even if the

wife happens to be temporarily absent on any

account

Scandal

It consists of any reprehensible word or deed that

offends public conscience, r e d o u n d s t o t h e

detriment of the feelings of honest persons, and

gives occasion to the neighbor's spiritual damage or

ruin

Cohabit

It means to dwell together, in the manner of husband

and wife, for some period of time, as distinguished

from occasional transient interviews for unlawful

intercourse

Why is adultery more severely punished than concubinage?

because adultery makes possible the

introduction of another man's blood into the family sc

son hearte hid husband i ame and teceing

support from him

PHOTO OR VIDEO VOYEURISM

The act of taking photo or video

covcrage of a

person ur group of persons performing sexual acts

or any similar activities or of capturing an image of

the private area of a person or persons without the

latter's consent, under circumstances in which such

p e r s o n / s h a s / h a v e a r e a s o n a b l e 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 acts or similar activities through VCD/DVD,

internet, cellular phones and similar m e a n s or

devices without the written consent of the person/s

involved, notwithstanding that consent to record or

take any photo or video coverage of the same was

given by such person/s

Prohibited Acts - Anti Photo or Video Vouyorism

(TCSP)

1. To Take any photo or video coverage of a

person or group of persons performing sexua

acts or any similar activities or to capture an image of the private area of a person such as the image of the private area of a person such as the naked undergarment clad genitals, pubic area, buttocks or female breast without the consent of the person/s involved under circumstances in which the person has reasonable expentancy of privacy.

2. To Copy or reproduce, or to cause to be copied

or reproduced, such photo or video or recording

of sexual act or any similar activity with or

without consideration;

3. To Seli or distribute, or cause to be sold or

distributed, such photo or video or recording of

sexual act, whether it be the original copy or

reproduction thereof; or

4. To Publish or broadcast, or cause to be

published or broadcast, whether in print or

broadcast media; or show or exhibit the photo or

video coverage or recordings of such sexual act

or any similar activity through VCD/DVD,

internet, cellular phones and other similar

m e a n s or device.

2,3,4 - even with consent.

ACTS OF LASCIVIOUSNESS

(LEC-FoDFU)

1. That the offender c o m m i t s

any act of L a s c i v i o u s n e s s or lewdness;

2. T h a t t h e n a c t of l a s c i v i o u s n e s s is c o m m i t t e d

against a person of Either sex; and

3. That it. is done under any of the following

C i r c u m s t a n c e s :

a. By using Force or intimidation;

b. When the offended party is Deprived of a reason or otherwise unconscious;

c. By means of Fraudulent machination or grave a b u s e of authority; or

d. When the offended party is Under 12 years of age or is demented

Lewd

It is defined as obscene, lustful, indecent, lecherous,

signifying that form of immorality which has relation

to moral impurity; or that which is carried on a wanton manner. (up v. People, R. No. 201067

How to determine lewd designs?

From the circumstances of each case (nature of the acts and the environmental circumstances.)

ATTEMPTED RAPE AND ACTS OF

LASCIVIOUSNESS, DISTINGUISHED

Similarities: Manner of commission is the same. The performance of lascivious character is

common to both.

The purpose is to lie with a woman; No intent to have sexual intercourse

LA as preparatory acts; LA as the final objective

"lascivious conduct"

The intentional touching, either directly of through

clothing, of the genitalia, anus, groin, breast, inner

thigh or buttocks; or the introduction of any object

into the genitalia, anus or mouth of any person,

whether of the same or opposite sex, with an intent

to abuse, humiliate, harass, degrade, or a r o u s e or

gratity the sexual desire of any person; bestiality.

masturbation, lascivious exhibition of the genitals or

• pubic area of a person"

Is there attempted or frustrated acts of L?

No

What absorbs LA?

Rape

SEDUCTION

i t means enticing, a woman to unlawful sexual

intercourse by promise of marriage or other means

of persuasion without use of force

Two Classes of Seduction

1. Seduction of a virgin over twelve (12) years and

under eighteen (18) years of age by persons

who abuse their authority or the confidence

reposed in them; and

2. Seduction of a sister by her brother or

descendant by her ascendant, regardless of her

age and reputation

Elements - Seduction

1. The offended must be a Virgin.

2. She must be over 12 and under 18 of age.

3. That the offender had Sexual intercourse with her

4. There is abuse of authority

Note: Consent is not an element.

Virgin

It refers to a woman of chaste character or a woman

of good reputation. Virginity in this sense does not

mean physical virginity

Where virginity is presumed

if the girl is over 12 and

under 18 years of age, is unmarried and of good

reputation

Second Class of Seduction

Virginity of the sister or descendant is not required

and she may be over 18 years of age. Relationship

must be by consanguinity. The relationship need not

be legitimate

PL - Seduction

Those who abused their authority:

a. Persons in public authority;

b. Guardian;

C. Teacher; or

d.Person who, in any capacity, is entrusted

with the education or custody of the woman:

s e d u c e d .

2. Those who abused confidence reposed in them:

a. Priest;

b. House servant; or

C. Domestic.

Those who abused their relationship:

a. Brother who seduced his sister; or

b. Ascendant who seduced his descendant

ELEMENTS - SIMPLE SEDUCTION

(ORSeD)

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;

Note: The offended need not be a virgin, as long as with good reputation.

3. That the offender has Sexual intercourse with her; and

4. That it is committed by means of Deceit

Form of deciet

unfulfilled promise of marriage

Gist of QS

the abuse of authority, confidence, or relationship as the means

of committing the crime. In simple seduction, it is the

use of deceit. But in both kinds of seduction, there

must be sexual intercourse

QS vs. SS

Virginity is an element; Not

With abuse of authority, confidence, or relationship; Need no

No need for deceit; With deceit

Specific persons; Anyone

ACTS OF LASCIVIOUSNESS WITH THE

CONSENT OF THE OFFENDED PARTY

(LUA)

1. That t h e offender. commits a c t s o f

Lasciviousness or lewdness;

2. That the acts are committed upon a woman who

is a virgin or single or a widow.. o f good

reputation, Under eighteen (18) years of age but

over twelve (12) years, or a sister or descendant

regardless of her reputation or age;/and

3. That t h e offender accomplishes the acts by A b u s e o f a u t h o r i t y, c o n t i d e n c e , r e l a t i o n s h i p or deceit

ACTS OF LASCIVIOUSNESS AND ACTS

OF LASCIVIOUSNESS WITH CONSENT

OF OFFENDED PARTY,

DISTINGUISHED

Both treat acts of lasciviousness.

female or male; only female

had there been carnal knowledge, rape; had there been CA, QS or SS

AL with Consent - Ages

Exactly 12: oversight of the law

Below 12: Rape, Unconsented Act of L, or FA

“Over 12 years”

should be construed

as twelve years of age and over, thus construing the

doubt in favor of the accused

REPUBLIC ACT NO. 7877

ANTI-SEXUAL HARASSMENT ACT

ANTI-SEXUAL HARASSMENT ACT- PERSONS LIABLE

Employer, employee, manager, supervisor, teacher,

professor, instructor, coach, trainor, or any other

person having authority, influence, or moral

ascendancy over another in a work, education or

training-related environment

PA - ANTI-SEXUAL HARASSMENT ACT

Demanding, requesting, or otherwise requiring any

sexual favor from the other, regardless of whether

the demand, request, or requirement is accepted by

the object of the act

PA - CORRUPTION OF MINORS

Promoting or facilitating the prostitution or corruption

of persons under age to satisfy the lust of another

Victim in CM

The victim must be of good reputation and not a

prostitute or corrupted person

Punished in Corruption of Minors

mere act of promotion or facilitation

REPUBLIC ACT NO. 7610

SPECIAL PROTECTION OF CHILDREN

AGAINST ABUSE, EXPLOITATION AND

DISCRIMINATION ACT - PL

1. Those who engage in or promote, facilitate or

induce child prostitution which include, but are

not limited to the following:

a. Acting as a procurer of a child prostitute;

b. Inducing a person to be a client of a child

prostitute by written or oral advertisements

or other similar means;

C.

Taking

advantage of influence o r

relationship procure a child a s a

prostitute;

d. Threatening or using violence towards a

child to engage him/her as a prostitute; or

e. Giving monetary consideration, goods or

other pecuniary benefit lo a child with t h e

intent to engage such child in prostitution;

2. Those who commit the act of sexual intercourse

or lascivious conduct with a child exploited in

prostitution or subjected to other sexual abuse;

a n d

3. Those who derive profit or advantaye therefrom,

w h e t h e r a s manager o r o w n e r, of the

establishment where t h e prostitution takes

place, or of the sauna, disco, bar, resort, place

of entertainment or establishment serving as a

c o v e r o r which

engages in prostitution in

addition to the activity for which the license has

been issued to said establishment (Sec. 5).

CHILD PROSTITUTION AND OTHER

SEXUAL ABUSE

Children whether male or female, who for money,

profit ur other consideration or due lu the coercion or

influence of any adult syndicate or group, indulge in

sexual intercourse or lascivious conduct are deemed

to be children exploiled in prostitution and other

sexual abuse

Attempt to Commit Child Prostitution

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 o t h e r 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

when any person is receiving services from a child

in a sauna parlor or bath, massage clinic, health club

and other similar establishments

CHILD TRAFFICKING

Any person who shall engage in trading and dealing

with children including, but not limited to, the act of

buying and selling of a child for money, or for any

other consideration, or barter

THERE IS AN ATTEMPT TO COMMIT

CHILD TRAFFICKING:

When a child travels alone to a foreign country

w i t h o u t valid reason therefor and without

clearance issued by the Department of Social

Welfare and Development or written permit or

justification from the child's parents or legal

guardian;

When a person, agency, establishment or child-

caring institution recruits women or couples to

bear children for the purpose of child trafficking;

When a doctor, hospital or clinic official or

employee, nurse, midwife, local civil registrar or

any other person simulates birth for the purpose

of child trafficking; or

When a person engages in the act of finding

children among low income families, hospitals,

clinics, nurseries, day-care centers, or other

child-during institutions who can be offered for

the purpose of child trafficking (Scc. 8).

O B S C E N E PUBLICATIONS AND

INDECENT SHOWS;

PERSONS LIABLE:

Any person who

shall hire, employ, use,

persuade, induce or coerce a child to perform in

obscene exhibitions and

indecent shows,

whether live or in video, or model in obscene

publications or pornographic materials or to sell

or distribute the said materials; and

Any ascendant, guardian or person entrusted in

any capacity with care of a child who shall cause

and/ or allow such child to be employed or to

participate in an obscene play, scene, act, movie

or show in any other acts

R.A. NO. 7610 - WHO MUST

PROSECUTE CRIMINAL ACTIONS

Complaints on c a s e s of

unlawful acts committed

against the children as

enumerated herein may

be filed by the following;

1. Offended party;

2. Parents

guardians;

3. Ascendant or

collateral relative

within t h e third

degree of

consanguinity;

4. Officer, s o c i a l

worker o r

representative of a

licensed child-caring

institution;

5. O f fi c e r o r s o c i a l

worker of t h e

Department of

Social Welfare a n d

Development;

6. Barangay chairman;

or

7. At least three (3)

c o n c e r n e d

responsible citizens

where the violation

occurred

ACTS OF

LASCIVIOUSNESS, WHO MUST

PROSECUTE CRIMINAL ACTIONS

The offenses

of seduction,

abduction

a n d a c t s of

lasciviousness shall not

be prosecuted except

upon a complaint filed

or by the

1. Offended party;

2. Her parents;

3. Grandparents; or

4. Guardian, nor, in

a n y case, if the

o f f e n d e r h a s b e e n

e x p r e s s l y

pardoned by any of

t h e m .

PA - WHITE SLAVE TRADE

1 . Engaging in the Business of prostitution;

2. Profiting by prostitution; and

3. Enlisting the Services of women for the

purpose of prostitution (REYES, Book Two,

supra at 1173).

The first two modes require the element of profit and

habituality. In the third mode, the profit motive is not

required, nor is habituality an element thereof

CM vs. White Slave Trade

Victims must be minors; Minority need not be involved

May have victims of either sex; Limited to females only

May not necessarily profit; Generally profit

Committed by a single act; Generally committed habitually

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

hier

TWO KINDS OF ABDUCTION

1. Forcible abduction (Art. 342); and

2. Consented abduction (Art. 343).

ABDUCTION

(WAL)

1. That the person abducted is a Woman

regardless of her age, civil status, or reputation;

2.That the abduction is with Lewd designs

3.That the abduction is Against her will; and

FORCIBLE ABDUCTION AND GRAVE

COERCION / KIDNAPPING,

DISTINGUISHED

With lewd design; No lewd design

There is no deprivation; There is deprivation of

liberty.

ELEMENTS OF THE COMPLEX CRIME

OF FORCIBLE ABDUCTION WITH RAPE

(C-FI-D)

1. The abductor has Carnal knowledge o f the

abducted woman;

2. By using Force or Intimidation;

3. When the woman is Deprived of reasor or

otherwise unconscious or when the woman is

under 12 years of age or is demented

What absorbs FA:

Attempted rape

FA of a Child Over 12

FA even if she consent

Primary objective is rape

Rape

CONSENTED ABDUCTION

(VOCoL)

1. That the offended party must be a Virgin;

Note: Virginity is an essential

element.

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; and

4.That the taking away of the offended party must

be with Lewd designs

CRIMES AGAINST CHASTITY WHERE

AGE AND REPUTATION OF THE VICTIM

ARE IMMATERIAL

1. Acts of lasciviousness against the will of the

offended party or against a sister or descendant;

2 . Qualified seduction of sister or descendant; and

3. Forcible abduction

Complex crime of consented abduction with rape

When a 15-year-old was induced by the accused to leave her home and later was forcibly violated by him

PROSECUTION OF THE CRIMES OF

ADULTERY, CONCUBINAGE,

SEDUCTION, ABDUCTION, RAPE AND-

ACTS OF LASCIVIOUSNESS

1 . Adultery and concubinage must be prosecuted

upon the complaint signed by the offended

spouse (and in the absence of an express or

implied pardon).

2. Seduction, abduction and acts of lasciviousness

must be prosecuted upon the complaint signed

by (and in the absence of an express pardon)

the offended party -

a. Even if a minor; or

b. If of legal age and not incapacitated, only

she can file complaint.

If a minor or incapacitated and refuses to file either

of the next succeeding persons may file:

1. • Either of the parents;

2. Either of the grandparents whether paternal.or

maternal side;

3.Legal or judicial guardians

4.The State, as parens patriae when the offended

party dies or becomes incapacitated before she

could file the complaint and she has no known

parents, grandparents or guardians

[ Successive in order and exclusive ]

case of complex crimes, one of the

component offenses is a public crime

prosecution be instituted by t h e public

prosecutor

In adultery and concubinage, the offended party

must institute the criminal prosecution against whom?

both the guilty parties, if both of them are alive

Requisites of Pardon for adultery, concubinage, and seduction

must come

b e f o r e t h e institution o f the criminal a c t i o n n d b o t h

offenders must be pardoned by the offended party if

said pardon is to be effective; only the principal in seduction

Pardon by the offended party who is a minor

must have the concurrence of both parents

Marriage of the offender with the offended party in

seduction, abduction a n d acts of lasciviousness

extinguishes criminal action or remits the penalty

already imposed, and it benefits the co-principals

accomplices and accessories.

Effect of marriage in Rape

Only to the principal

PERSONS WHO ARE GUILTY OF RAPE,

SEDUCTION OR ABDUCTION SHALL

ALSO BE SENTENCED:

(IOS)

1. To Indemnify the offended woman;

2. To acknowledge the Offspring, except:

a. In adultery and concubinage since only ai

legitimate child may be acknowledged

b. Where either the offended party or the

accused is married;

C. When paternity cannot be determined as in

multiple rape; and

d. Other instances where the law should

prevent the offender from doing so; and

3. In every case to Support the offspring

Note: Moral damages may be recovered both by the

offended party and her parents

LIABILITY OF ASCENDANTS,

GUARDIANS, TEACHERS, OR OTHER

PERSONS ENTRUSTED WITH THE

CUSTODY OF THE OFFENDED PARTY

Persons who cooperate as accomplices but are

punished as principals in seduction, abduction, acts

of lasciviousness, acts of lasciviousness with the

consent of the offended party, corruption of minors,

white slave trade (AGCTA):

1. Ascendants;

2. Guardians;

3. Curators;

5.Teachers; and

6. Any person, who cooperates as accomplice with

abuse of authority or confidential relationship

LIABILITY OF ASCENDANTS,

GUARDIANS, TEACHERS, OR OTHER

PERSONS ENTRUSTED WITH THE

CUSTODY OF THE OFFENDED PARTY - Where there can be no accomplices or accessories

They shall be punished as principals.

Additional Penalty - LIABILITY TEACHERS OR OTHER

PERSONS ENTRUSTED WITH THE

CUSTODY OF THE OFFENDED PARTY

temporary special disqualification in its

maximum period to perpetual special disqualification

Effects of Being Liable as ASCENDANTS,

GUARDIANS, TEACHERS, OR OTHER

PERSONS ENTRUSTED WITH THE

CUSTODY OF THE OFFENDED PARTY

shall be punished with special disqualification

from filling the office of guardian