Art. 266-A Rape
When the woman is under 12 years of age or
Introduction: Rape used to be a under Crimes
Against Chastity as Article 335 and a private crime.
R.A. 8353 has made rape a Crime Against
Persons as Article 266-A. It is a public crime
hence:
(1) There is no need for a prior denunciation by the
victim to start criminal proceedings and
(2) Any person may bring the crime of rape to the
attention of the authorities, which will be the basis
for police investigation into the crime and
subsequent filing of charges.
Expanded Concept of Rape
2 Kinds of Rape:
1. The Traditional or Conventional Concept
which
is the Penile Penetration into the female sex organ
and which can be committed by a male only and
where the victim is a female only
Elements (under paragraph 1)
1. Offender is a man;
2. Offender had carnal knowledge of a woman;
3. Such act is accomplished under any of the
following circumstances:
a. By using force or intimidation;
b. When the woman is deprived of reason or
otherwise unconscious;
c. By means of fraudulent machination or grave
abuse of authority; or
d. When the woman is under 12 years of age or
demented.
2. Rape Through Sexual Assault either a penile
insertion into the mouth or anus or a non-penile
insertion into the sex organ or anus
Elements (under paragraph 2)
1. Offender commits an act of sexual assault;
􀁸 The act of sexual assault is committed by any of
the following means:
a. By inserting his penis into another person's mouth
or anal orifice; or
b. By inserting any instrument or object into the
genital or anal orifice of another person;
3. The act of sexual assault is accomplished under
any of the following circumstances:
a. By using force or intimidation; or
b. When the woman is deprived of reason or
otherwise unconscious; or
c. By means of fraudulent machination or grave
abuse of authority; or
d.
demented.
How Conventional Rape (Penile Penetration) is
committed (an elaboration of the elements under
par.1)
1. Where the Sex Is Objected to:
a). Through Force, threat, or intimidation
􀁸 This presupposes that there was resistance and
not just an initial reluctance but there must be a
physical overt act manifesting resistance. Mental or
verbal resistance is not sufficient. The old doctrines
requiring tenacious resistance still apply.
􀁸 There is no degree of force required to overcome
the resistance as any degree of force, intimidation
to compel the victim‘s submission to the desire of
the accused is sufficient
􀁸 Where the accused is the father or in case of
incestuous rape, resistance is not required due to
the moral ascendancy exercised by the father over
the daughter
􀁸 If at any moment the victims manifest, through
overt acts that she does not want sex, any sex with
her against her will is rape
b). When the victim is deprived of reason or
otherwise unconscious
􀁸Partial deprivation of reason is sufficient which
may be due to reasons which are organic, or due to
lack of sleep, or fatigue, or was induced by drugs.
As when the victim is in a coma or was in that stage
of being ―halfasleep-half awake‖
Q: Suppose substances (Female Viagra)
were administered to the victim, without
her knowledge which incited her passions
and aroused her sexually, which thus made
it easier for the accused to have sex with
her? NO, because there is no deprivation of
reason.
2. Where there was no objection to the sex or
it was consented to:
a). By means of fraudulent machinations or grave
abuse of authority
Fraudulent Machination is the use of artifice or
deceit to obtain the consent of the victim. The
woman consented to the sex by virtue of the artifice
or deceit. There was a seduction.
o The most common form of artifice is a false
promise of marriage which is the excuse to have sex
with the woman. However the solicitation must be
shown to be persistent as to overcome the woman‘s
defenses
o If the artifice is a promise of money or material
things, there is no rape Grave abuse of authority
connotes that the accused enjoyed a position of
influence or ascendancy over the victim which he
gravely abused to secure the consent of the woman
to have sex with him. The relationship or position of
influence or ascendancy may be due to:
(i). Blood relations
(ii) Human relations as officer of an organization
over members
(iii) Education as a teacher over a student
(iv). Employment as the boss seducing the secretary
(iv). Religion as the minister over his church
member
(v) Public office as a congressman over a poor girl
b). in cases of Statutory Rape
(i). The victim is under 12 years of age. This refers
to the biological age.
(ii) The victim is demented. This includes the insane,
imbecile, feeble minded or mental retardate
provided their mental age must be that of a woman
below 12 years of age.
Rape Through Sexual Assault, (an elaboration of
the elements under par. 2)
The circumstances are the same as in the case of
Conventional Rape but the accused:
a). Inserts his penis into another person‘s mouth or
anal orifice.
􀁸 The accused is any person with a penis and the
victim may be a male or female
􀁸 The person with a penis actively initiates the
insertion and not when the person is the passive
participant, as when he was asleep in which case, if
the act was without his consent, he may file a case
of acts of lasciviousness
b) Or any object or instrument into the genitalia or
anal orifice of another (Object Penetration)
􀁸 The accused maybe a female or male and the
victim may also be a male or female
􀁸 The insertion must be with ‖lewed design‖ i.e to
obtain sexual gratification, otherwise it may either
be physical injuries or slander by deed.
􀁸 This absorbs the crime of Acts of
Lasciviousness
􀁸 The term object includes parts of the human body
like a finger, tongue or toe. ―The insertion of one‘s
finger into the genetalia or anal orifice of another
constitutes rape by sexual assault and not merely
an act of lasciviousness ( PP vs. Fetalino, 525 SCRA
170).
Classification of Rape for Purposes of Penalty
(NO LONGER APPLICABLE)
1. Simple Rape - the penalty is Reclusion Perpetua
2. Qualified Rape (Art 266-B)
a). Where the Penalty is Reclusion Perpetua to
Death as in the following:
(i). Rape is committed with the use of a deadly
weapon or by two or more persons
(ii). When by reason or on the occasion of rape the
victim became insane
b). Where the penalty is death
(i). when by reason or on the occasion of
consummated rape, homicide is committed (Special
Complex Crime of Rape)
(ii). when any of the 10 qualifying aggravating
circumstances are alleged specifically in the
Information and duly proven:
(1) Where the victim is under 18 years of age and
the offender is her ascendant, stepfather, guardian,
or relative by affinity or consanguinity within the 3rd
civil degree, or the common law husband of the
victim‘s mother; or
(2) Where the victim was under the custody of the
police or military authorities, or other law
enforcement agency;
(3) Where the rape is committed in full view of the
victim‘s husband, the parents, any of the children or
relatives by consanguinity within the
3rd civil degree;
(4) Where the victim is a religious, that is, a member
of a legitimate religious vocation and the offender
knows the victim as such before or at the time of
the commission of the offense;
(5) Where the victim is a child under 7 yrs of age;
(6) Where the offender is a member of the AFP, its
paramilitary arm, the PNP, or any law enforcement
agency and the offender took advantage of his
position;
(7) Where the offender is afflicted with AIDS or
other sexually transmissible diseases, and he is
aware thereof when he committed the rape, and the
disease was transmitted;
(8) Where the victim has suffered permanent
physical mutilation;
(9) Where the pregnancy of the offended party is
known to the rapist at the time of the rape; or
(10) Where the rapist is aware of the
victim‘s mental disability, emotional disturbance or
physical handicap.
Special Complex Crimes/Composite Crimes
1. Rape Resulting to Insanity
2. Rape with Permanent Physical Mutilation or
Disability
3. Attempted Rape with Homicide
4. Rape with Homicide
Note: In Nos. (1) and (2) the person who became
insane or suffered mutilation is the victim of the
rape whereas in Nos. (3) and (4) the victim of the
homicide may be any person and not necessarily the
victim of the rape.
Defenses Which May Extinguish Criminal
Liability Or Criminal Action / Effect of Pardon
(Art 266-C)
1. The subsequent valid marriage between the
offender and the offended party extinguishes:
(a) the criminal action i.e the case will be dismiss
which presupposes the marriage took place before
or during the filing of the case or
(b) the penalty i.e. the accused, if convicted, will
not longer serve the penalty which presupposes
the marriage took place after conviction
Since rape is now a crime against persons,
marriage exticuishes the penal action only as to
the principal but not as to his co-principals,
accomplices and accessories.
2. Subsequent Forgiveness by the Wife Upon the
Husband which maybe given before, during the
case, or after conviction of the husband EXCEPT
when the marriage is void ab initio. This is an
exception to the rule that forgiveness by the
offended party shall not extinguish the penal action
in crimes against person.
Q: Is there Marital Rape or, can the husband be
guilty of raping the wife?
A: (Personal opinion) No, as to rape in the
traditional concept.
1. The marital union maintains the husband‘s right
to the physical access to the wife ie. Right of
Consortium based on connubial relations
2. There was prior marital consent as contained in
that absolute answer to the question: ― Do you
give yourself to him as your lawful husband?‖
(Note also the Biblical admonition that Woman
should submit to their husbands)
3. There is absolutely no attempt to define and
categorically create marital rape as a crime
4. There can be no crime by implication (Principle
of Legality)
5. The women sponsors did not insist on it
although originally they conceived of it. They
left it for the courts to determine.
At most the husband will be guilty of coercion,
unless he acted in conspiracy, or was a principal by
inducement, or acted as an accomplice or
accessory.
However, the husband maybe guilty of rape if there
is legal separation between the spouses, and rape
by sexual assault, this being unnatural.
􀁸 Rape has only two stages, the attempted and
consummated.
􀁸 As long as there is an intent to effect sexual
cohesion, although unsuccessful, the crime
becomes attempted rape. However, if that
intention is not proven, the offender can only be
convicted of acts of lasciviousness. The main
distinction between the crime of attempted rape
and acts of lasciviousness is the intent to lie with
the offended woman.
􀁸 The principle that rape is consummated by the
slightest penetration applies to both types of rape.
􀁸 The character of the victim is immaterial as rape
maybe committed even against a prostitute.
􀁸 Rape is not a continuing offense
o Several sexual acts on one occasion is one
rape only as when the girl is kept in a room for
two hours and the accused had sex for three
times.
o But Sex on different occasions constitutes
different and separate crimes.
o Where there are two or more rapists who
acted in conspiracy, all are liable for each of
rape committed by each one of them and for
those committed by their co-accused. Thus if 3
raped the same girl, all will be liable for 3
separate rapes.
o If there be several victims, there are as many
rapes corresponding to the number of victims
􀁸 For purposes of conviction the following principle
is observed:
o A rape charge is easy to make, difficult to
prove but more difficult for the accused,
though innocent, to disprove.
o In view of the intrinsic nature of rape where
generally only two persons are involved, the
testimony of the complainant must be
scrutinized with extreme caution (HELL HATH
NO FURY LIKE A WOMAN SCORNED).
o The evidence for the prosecution must stand
or fall on its own merits and cannot draw
strength from the weakness of the defense
evidence

EVIDENCE WHICH MAY BE ACCEPTED IN THE

PROSECUTION OF RAPE:

1. Any physical overt act manifesting resistance

against the act of rape in any degree from the
offended party; or
2. Where the offended party is so situated as to
render him/her incapable of giving his consent
Indemnity: for the fact of rape alone
􀁸 Simple rape is P50,000.00 for each and every
conviction for rape, for each and every accused
􀁸 Qualified: P75,000.00
􀁸 This is in addition to moral damages which has
been set at P50,000.00 and P75,000.00
respectively for simple and qualified rape, without
need of evidence since, when a woman is raped, it
is presumed she underwent moral suffering
􀁸 In incestuous rape, the court pegged P25,000.00
―to set an example for the public good‖
(Robbery In General)
Concept:
The taking, with intent to gain, of personal
property
belonging to another, by means of violence against
or
intimidation of persons, or by using force upon
things.
Elements of robbery in general
1. There is personal property belonging to
another;
2. There is unlawful taking of that property;
3. The taking must be with intent to gain; and
4. There is violence against or intimidation of any
person, or force upon anything
􀁸 The two major classifications are based on the
manner by which the robbery was committed.
The first is commonly called ―hold-up‖ while
the second is robbery by ―breaking –in‖
􀁸 If none of these two methods are used, the
taking will constitute theft.
􀁸 If both methods were used, the result is
complex a crime i.e. Robbery with Force Upon
things complexed with Robbery with Violence.
􀁸 In robbery with violence, the violence need not
be present at the start of the taking so long as
it was resorted to before the taking was
complete.
Elements Common to Robbery and Theft
1. The subject matter must be a personal property
􀁸 These include licit as well as illicit articles such
as drugs and unlicensed firearms as well as
stolen articles
􀁸 The term‖ Personal Property‖ does not follow
the meaning provided for by the Civil Code. It
means such property, whether tangibles or
those with physical appearance and form or
intangibles, as long as they maybe subject of
appropriation and may be carried away
without altering its nature.
o Thus this includes those considered as
Real Property by Immobilization or
destination‖ or those attached to the
soil or building for so long as they
were detached there from and carried
away. Such as trees, machineries,
statutes, soil, stones and rocks
o Accessories of real properties such as
fruits of trees, fishes, paintings
􀁸 In theft the article must have a value because
the penalty, and jurisdiction over the offense,
is based on the value of the article taken
o The value must be proved as courts
will not take judicial notice thereof. If
no value is proved, the court uses the
lowest value in the law value as basis
2. The property must belong to another
􀁸 This means the property does not belong to
the accused. Hence there is no robbery or
theft of one‘s own property. The offenses are
either Grave Coercion instead of robbery and
Impossible Crime of Theft instead of the
ordinary crime of theft.
􀁸 The victim need not be the owner. He may be
a mere possessor or even a robber or thief
himself. Thus robbery or theft may be
committed against another criminal robber or
thief. It is enough that the accused is not the
owner of the property.
3 There must be an act of taking or
―apoderamiento‖, which is the physical act of
divesting another of the possession of a thing, or
to
separate and remove the property from the actual
or constructive possession or custody or control of
the victim
􀁸 The accused must hold the thing in a manner
sufficient to enable him to dispose of it had he
wanted to
􀁸 The possession may be permanent, temporary
or transitory
4. There must ―Animus Lucrandi‖ or intent of
gain
􀁸 The gain need not be in terms of financial or
material gain as this includes: intent to obtain
some utility, enjoyment, satisfaction, or
pleasure. Example: X boxed Y so that Y will
hand over the magazine for X to see the nude
pictures. X returned the magazine thereafter.
􀁸 If there is no animus lucrandi but force was
used to get an object, the crime is coercion.
􀁸 Robbery and theft maybe a continuous offense
as in the case of robbery of several persons.
The accused entered a classroom and robbed
the 20 students of their money at the point of
a gun. Or, when the several robberies are
component parts of a general plan to rob
within a specific place or area. Example:
Robbery of several houses in subdivision or
robbery of the various stalls in side the
shopping mall.
2. Any court record, office files, documents or
any other papers;
3. With intent to defraud another.
Note: This article defines the 2 ways by which
estafa in
general is committed. It provides the penalty which
is
dependent upon the amount of fraud or damage
involved. However the maximum penalty of
imprisonment is 30 years which is to be called as
reclusion perpetua.

FIRST MODE OR KIND:

With Unfaithfulness or by Abuse of Confidence
I. ―By altering the substance, quantity or quality
of any
thing of value which the offender shall deliver by
virtue
of an obligation to do so, though based on an
immoral
or illegal consideration‖
􀁸 There was an agreement as to the kind,
quantity or quality of the thing to be delivered
􀁸 The accused misrepresented that the thing he
now delivers is of the same kind, quality or
quantity agreed upon when in truth it is not
Examples
1. The accused received money and claims the
goods he is giving is the 10 kilos agreed
upon when in truth it is only 8 kilos; it is the
white sugar when in truth it is brown or that
it is the 5 kilos of shabu for which he
received payment but what he gave is 3
kilos only
2. The accused claimed there were 100 sacks
of palay in his warehouse which he used as
pledge when in truth there as only 90 sacks.
Article 308. (Simple)Theft
Concept:
Theft is committed in four ways.
1. The first way defines the ordinary, simple, or
common crime of theft as the crime
committed by any person who, with intent to
gain but without violence against or intimidation
of persons nor force upon things, shall take
personal property of another without the latter‘s
consent.
2. Theft of lost property
3. Theft after a malicious mischief
4. Theft after a trespass
Persons liable
1. Those who with intent to gain, but without
violence against or intimidation of persons nor
force upon things, take personal property of
another without the latter‘s consent;
2. Those who having found lost property, fails to
deliver the same to the local authorities or to
its owner;
3. Those who, after having maliciously damaged
the property of another, remove or make use
of the fruits or objects of the damage caused
by them;
4. Those who enter an enclosed estate or a field
where trespass is forbidden or which belongs
to another and, without the consent of its
owner, hunt or fish upon the same or gather
fruits, cereals or other forest or farm products.
Elements
1. There is taking of personal property;
2. The property taken belongs to another;
3. The taking was done with intent to gain;
4. The taking was done without the consent of
the owner;
5. The taking is accomplished without the use of
violence against or intimidation of persons of
force upon things.
Discussion of the Elements
1. That there be a taking (apoderamiento) or
there
be a physical act of divesting a person of his
possession of a property and bringing it under
one‘s control; an act separating the property
from the owner or possessor and without animus
revertendi.
Notes:
􀁸 Taking means the act of depriving another of
the possession and dominion of movable
property without his privity and consent and
without animus revertendi
a) The owner or juridical possessor does not give
his consent
b) or the consent was vitiated
c) may occur at or soon after the transfer of
physical possession when an act done by the
receiver soon after the actual transfer of
possession results in unlawful taking ( PP vs.
Tan 323 SCRA 30)
􀁸 It is not necessary that the property be
actually carried away out of the physical
possession of the lawful possessor or that the
thief should have made his escape with it.
Neither as transportation or actual manual
possession of property is required.
Constructive possession of the property is
enough ( Laurel vs. Abrogar, 483 SCRA 243)
􀁸 The taking maybe by the offender‘s own
hands, by his use of innocent persons without
any felonious intent, as well as by any
mechanical devise such as access device or
card, or any agency, animate or inanimate,
with intent to gain ( Laurel vs. Abrogar) or the
property is received or physically delivered to
him
􀁸 The taking is complete once the thing is placed
under one‘s possession or control even if only
for a short time and even if there was no
opportunity to dispose off the article. The
thing need not be carried away. Hence there is
no frustrated theft even of bulky items.
o The decisions in PP. vs Dino and PP. vs
Espiritu concerning frustrated theft of
bulky items have been reversed in
Valenzuela vs. PP. June 21, 2007 This case
expressly declared
Article 310. Qualified Theft
􀁸 Provides that the penalty shall be 2 degrees
higher
than that for simple theft if theft is committed
under any of the circumstances enumerated
thereunder.
Theft is qualified if
1. Committed by a domestic servant;
2. Committed with grave abuse of confidence;
3. The property stolen is a motor vehicle, mail
matter, or large cattle;
4. The property stolen consists of coconuts taken
from the premises of a plantation;
5. The property stolen is fish taken from a
fishpond or fishery; or
6. If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any
other calamity, vehicular accident, or civil
disturbance. Article 311. Theft of the Property of the
These circumstances are categorized according to National Library or National Museum
their nature thus:
a). Circumstances pertaining to the accused 􀁸 If the property stolen is any property of the
himself, such as the accused is a domestic National Library or of the National Museum
servant 􀁸 This is a special kind of theft and is set apart
b). Those arising from the offended party, such from the others in order to protect the
as when he reposed trust and confidence in historical and cultural treasures.
the accused o The accused should not be the museum
c). Those based on the nature of the object curator or the librarian because
stolen such as mail matters
d) Those arising from the circumstances of time,
place and occasion of the taking
􀁸 If committed by a domestic servant. The theft is
always qualified theft.
􀁸 If committed with grave abuse of confidence.
o This presupposes that there should be a
relation of dependence, guardianship or
vigilance between the accused and the victim
which created a high degree of trust and
confidence.
o The trust and confidence should arise in
special relations of intimacy and confidence
between the offender and the accused. It
should be proven that the victim reposed trust
and confidence and it was this which enabled
the accused to commit the crime.
a). Theft by an employee against his employer
such as confidential secretary, a
bodyguard, or a warehouseman or cashier,
salespersons, a bank teller, by a personal
chauffeur
b). Theft by a one living with the victim as a
guest or a stay-in or a room mate
c). Theft by a driver as to the gasoline of
trucks driven which they are allowed to
draw
o Liability of strangers: Since the trust and
confidence which was abused is purely
personal between the accused and the victim,
strangers who participate in the taking are
liable for simple theft only.
􀁸 When the property stolen is a motor vehicle.
o This is modified by R.A. 6539 or the Anti-
Carnapping Law which defines the crime of
carnapping as ― Taking, with intent to gain, of
a motor vehicle belonging to another without
the latter‘s consent, or by means of violence
against or intimidation of persons, or by using
force upon things‖
􀁸 The act of carnapping includes both
―theft‖ and ―robbery‖.
􀁸 Suppose it was the juridical possession of
the motor vehicle which was delivered?
The crime is estafa and not theft therefore
R.A. 6539 does not apply.
Article 332. Persons Exempt from Criminal
Liability

Introduction:
􀁸 Article 332 provides for an absolutory cause in
the crimes of theft, estafa and malicious
mischief by directing that “No criminal but only
civil liability, shall result” if the crimes
are mutually committed by the persons
enumerated therein. This is based on the
relationship between the accused and the
victim.
􀁸 The exemption applies provided the crimes are
not complexed with other crimes

Persons exempted from criminal liability

1. Between Spouses; ascendants and descendants,
or
relatives by affinity in the same line
o This includes between parents and children -
in- law; step children and step parents;
adopter and adopted, including recognized
natural children with their natural parents
o Spouses include common-laws spouses but not
those simply in a live-in-relationship. This is
because the property relations between
common-law spouses is that of the coownership
o Spouses who are legally separated are
included so long as there was no dissolution
yet of their property
2 The widowed spouse with respect to the
property
which belonged to the deceased spouse before the
same shall have passed into the possession of
another.
o If the property is subject of judicial settlement,
and is placed by the court under an
administrator after an inventory has been
approved, the property is said to have passed
into the possession of another

Questions & Answers

Q: Suppose the widowed spouse took and spent
the
legitime of the heirs, was criminal liability incurred?
3. Brothers and sisters, brothers/sisters-in-law, if
living
together.
o Not if the accused is just a visitor or given
temporary shelter by the victim

Article 336. Acts of Lasciviousness
Concept:
The act of making a physical contact with the body
of
another person for the purpose of obtaining sexual
gratification other than, or without intention of,
sexual intercourse.
Elements
1. Offender commits any act of lasciviousness or
lewdness;
2. 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. When the offended party is another
person of either sex.
􀁸 The contact may be by the body of the
accused such as by the lips, hands, foot; or by
means of any object or instrument. In either
case there must be no form of insertion into
the anus, mouth or sex organ amounting to
rape through sexual abuse.
􀁸 It is distinguished from Attempted Rape in that
there is no intent to have sexual intercourse
with the victim. The intent may be inferred
from the circumstances of time, place, and
occasion, or inferred from the nature of the
act itself.
􀁸 It is distinguished from Unjust Vexation in that
there is no lewd design in unjust vexation
Example: (i) The acts of an ardent lover such
as kissing, embracing arising from his passion,
are unjust vexation merely. (ii). The touching
of the private parts of a woman out of
curiosity is unjust vexation.
􀁸 If the acts of lasciviousness (including sexual
intercourse) is performed upon a child
exploited in prostitution or other sexual abuse
(i.e. abuse other than the acts of
lasciviousness such as when the child is the
subject of an obscene publication or
pornography or of indecent shows) whether
male or female, the acts would constitute
sexual abuse punished under R.A. 7610 ( The
Child Abuse Law) ( Olivarez vs. C.A., July 29,
2006)
Kinds:
1. Forcible (Article 336) if made under
circumstances of forcible rape, i.e through
force, threat, violation, intimidation,
􀁸 The accused may be any person and the
victim may be a male or female
2. Consented: (Article 339) if made under
circumstances of seduction whether simple
or qualified i.e. a) victim is a female of
chaste character, b) over 12 years but
below 18 years, or a widow, c) there was
deceit or abuse of authority, abuse of
confidence or abuse of relationship
Article 337. Qualified Seduction
Acts punished
1. Seduction of a virgin over 12 years and
under 18 years of age by certain persons,
such as a person in authority, priest,
teacher; and
Elements
a. Offended party is a virgin, which is
presumed if she is unmarried and of
good reputation;
b. She is over 12 and under 18 years of
age;
c. Offender has sexual intercourse with
her;
d. There is abuse of authority,
confidence or relationship on the part
of the offender.
2. Seduction of a sister by her brother, or
descendant by her ascendant, regardless
of her age or reputation.
Person liable
1. Those who abused their authority –
a. Person in public authority;
b. Guardian;
c. Teacher;
d. Person who, in any capacity, is
entrusted with the education or
custody of the woman seduced;
2. Those who abused confidence reposed in
them –
a. Priest;
b. House servant;
c. Domestic;
3. Those who abused their relationship –
a. Brother who seduced his sister;
b. Ascendant who seduced his
descendant.
Abduction Notes:
􀁸 There may or may not be deceit employed to
Concept: get the woman to agree, as for example,
The taking away of a woman with lewd designs i.e. convincing the woman to elope with the man.
to The consent must be given freely and
obtain sexual gratification. intelligently.
􀁸 There be lewd design else the crime may be
1. Forcible (Article 342): if the taking away is inducing a minor to abandon the home
against her will.

Elements
a. The person abducted is any woman,
regardless or her age, civil status, or
reputation;
b. The abduction is against her will;
c. The abduction is with lewd designs.

Notes:
􀁸 This presupposes the use of force, violence
threat or intimidation or any method to
overcome her resistance, or to deprive her of
the ability to resist
􀁸 If the woman was thereafter raped, it the
crime is Forcible Abduction with Rape, and if
there be several rapes, the other rapes are
considered as separate crimes.
􀁸 From Kidnapping/Serious Illegal Detention
o In kidnapping, there is no lewd design but
to either deprive or restrain the woman of
her personal liberty/freedom of
movement, or the purpose is to demand a
ransom
o If several rapes were committed on the
woman, the crime is kidnapping with rape
and the other rapes are absorbed and are
aggravating circumstances while in
Abduction, the other rapes are separate
offenses
􀁸 It is Trafficking in Persons if the purpose is for
sexual exploitation, forced labor or services,
slavery, involuntary servitude or debt
bondage, or sale of organs

2. Consented (Article 343:) the taking away of a

woman of good reputation, 12 years or over but
under 18 years of age, carried out with her
consent
and with lewd designs.

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

CRIMINAL NEGLIGENCE
Introduction:
Negligence may either be criminal or not. Non
criminal
negligence may either be contractual or quasi-
delictual.
Criminal Negligence is the third among the three
classes of crimes, the two others being intentional
or
malicious crimes and the other being crimes mala
prohibita.
Negligence is deficiency of perception or lack of
foresight: the failure to foresee impending injury,
thoughtlessness, failure to use ordinary care.
Whereas,
imprudence is deficiency of action in avoiding an
injury due to lack of skill. Both result to a culpable
felony.
Reckless: If the danger to another is visible and
consciously appreciated by the accused. It is
simple if the injury is not immediate or openly
visible.
another, the accused was placed in an
emergency and compelled to act immediately
to avoid an impending danger, and in so doing
he injured another, even if his choice of action
was not the wisest under circumstances. This
is similar to the exempting circumstance of
accident.
3. The defense of contributory negligent does not
apply in criminal cases committed through
reckless imprudence, since one cannot allege
the negligence of another to evade the effects
of his own negligence ( Manzanares s. PP, 504
SCRA 354)
4. Contributory negligence on the part of the victim
merely mitigates the civil liability of the
accused.
NOTE: If, in a vehicular accident, the accused
abandons the victims, this act will result to the
imposition of a penalty one degree higher. Except
in
the following instances:
a). if he leaves because he is in imminent dangerof
being harmed
b). he leaves to report to the police
c). or to summon a physician, nurse or doctor.

Principles:

1. The degree of diligence required by law varies

with the nature of the situation in which a
person is placed.
2. Negligence maybe presumed if at the time the
accident occurred, the accused was violating a
regulation the purpose of which was to prevent
the accident.
3. There is no conspiracy in culpable felonies.
4. As to the penalties:
􀁸 The penalty as provided under article 356
depends on whether the
negligence/imprudence is reckless or simple
and it generally applies to all situations of
culpable felonies, unless there is a specific
penalty provided in certain crimes. Example:
culpable malversation, evasion through
negligence.
􀁸 The principle of complex crimes apply if
several grave or less graves crimes result

Defenses Allowed:
1. If both the victim and the accused were
negligent, the accused may be held liable
under the Doctrine of Last Clear Chance i.e it
was he who had the sufficient opportunity to
avoid the accident after noticing the danger
2. Emergency Rule: due to the negligence of