Title Eleven CRIMES AGAINST CHASTITY Chapter One. ADULTERY AND CONCUBINAGE Article 333.

Who are guilty of adultery Article 334. Concubinage Chapter Two RAPE AND ACTS OF LASCIVIOUSNESS Article 335. REPLEALED (Old rape law) Article 336. Acts of lasciviousness Chapter Three SEDUCTION, CORRUPTION MINORS, and WHITE SLAVE TRADE Article Article Article consent of party Article Article 337. Qualified seduction 338. Simple seduction 339. Acts of lasciviousness with the the offended 340. Corruption of minors 341. White slave trade OF

adultery even if the marriage of the guilty wife is subsequently declared void. Carnal knowledge may be proved by circumstantial evidence. Direct proof of carnal knowledge is not necessary to sustain a conviction. Each sexual intercourse constitutes a separate crime of adultery. Adultery is NOT a continuing offense.

Chapter Four ABDUCTION Article 342. Forcible abduction Article 343. Consented abduction Chapter Five PROVISIONS RELATIVE PRECEDING CHAPTERS OF TITLE ELEVEN TO THE

Article 344. Prosecution of crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness Article 345. Civil liability of persons guilty of crimes against chastity Article 346. Liability of ascendants, guardians, teachers, or other persons entrusted with the custody of the offended party

Abandonment of the wife without justification is not an exempting circumstance, but only mitigates the penalty. Both defendants are entitled to this mitigating circumstance. A married man who is not liable for adultery because he did not know that the woman was married, may be held liable for concubinage. If the woman knew that the man was married, she may be held liable for concubinage as well. The acquittal of one of the defendants does not operate as a cause for acquittal of the other. If the paramour dies, the offended wife may still be prosecuted because the requirement that both offenders should be included in the complaint applies only when both offenders are alive.

Article 333. Who are guilty of adultery Elements: 1. 2. 3. The woman is married; She has sexual intercourse with a man not her husband; As regards the man with whom she has sexual intercourse, he must know her to be married. The essence of adultery is the violation of the marital vow. The gist of the crime is the danger of introducing spurious heirs into the family. The offended party must be legally married to the offender at the time of the criminal case. It is not necessary that there be a valid marriage between the offended husband and the guilty wife. There is

If the offended party dies, the proceedings must continue. This article seeks to protect the honor and reputation not only of the living but of dead persons as well. Pardon of the offended parties must come BEFORE the institution of the criminal prosecution, and both offenders must be pardoned by the offended party. Act of intercourse with the offending spouse subsequent to the adulterous conduct is an implied pardon.

An agreement to separate, while void under the law, may be used as evidence to show consent by the husband to the infidelity of his wife. Article 334. Concubinage Acts punishable: 1. 2. 3. Keeping a mistress in the conjugal dwelling; Having sexual intercourse, under scandalous circumstances; Cohabiting with her in any other place.

Elements:

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1. 2.

The man is married; He is either a. Keeping a mistress in the conjugal dwelling; b. Having sexual intercourse under scandalous circumstances with a woman who is not his wife; or c. Cohabiting with a woman who is not his wife in any other place;

3.

As regards the woman, she knows that the man is married. Concubinage is a violation of the marital vow. A married man is NOT liable for concubinage for mere sexual relations with a woman not his wife.

Answer to the said petition, petitioner's wife Charmaine Felix alleged that it was petitioner who abandoned the conjugal home and lived with a certain woman named Milagros Salting. Charmaine subsequently filed a criminal complaint for concubinage under Article 334 of the Revised Penal Code against petitioner and his paramour. Petitioner contends that there is a possibility that two conflicting decisions might result from the civil case for annulment of marriage and the criminal case for concubinage. In the civil case, the trial court might declare the marriage as valid by dismissing petitioner's complaint but in the criminal case, the trial court might acquit petitioner because the evidence shows that his marriage is void on the ground of psychological incapacity. HELD: Parties to the marriage should not be permitted to judge for themselves its nullity, for the same must be submitted to the judgment of the competent courts and only when the nullity of the marriage is so declared can it be held as void, and so long as there is no such declaration the presumption is that the marriage exists for all intents and purposes. Therefore, he who cohabits with a woman not his wife before the judicial declaration of nullity of the marriage assumes the risk of being prosecuted for concubinage.

Keeping a mistress in the conjugal dwelling no positive proof of actual intercourse necessary. Conjugal dwelling the home of the husband and wife even if the wife happens to be temporarily absent on any account.

Article 335. REPEALED BY R.A. 8353, ANTI-RAPE LAW OF 1997 Article 336. Acts of lasciviousness Elements: 1. Offender commits any act of lasciviousness or lewdness; 2. The act is committed against a person of either sex; 3. 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. By means of fraudulent machination or grave abuse of authority; d. When the offended party is under 12 years of age or is demented. Motive of lascivious acts is not important because the essence of lewdness is in the very act itself. Embracing, kissing and holding a girls breast is an act of lasciviousness, if the act was done with lewd designs. Example: if the kissing etc. was done inside church, absence of lewd designs may be proven, and the crime is unjust vexation only. But if the kissing was done in the house of a C2005 Criminal Law Reviewer 144

Scandalous circumstances any reprehensible word or deed that offends public conscience, redounds to the detriment of the feelings of honest persons, and gives occasion to the neighbors spiritual damage or ruin. (this is essential only in concubinage of the second type) The people in the vicinity are the best witnesses to prove scandalous circumstances. When spies are employed, there is no evidence of scandalous circumstances. cohabit to dwell together, in the manner of husband and wife. Adultery is punished more severely than concubinage because of the possible introduction of another mans blood into the family, so that the offended husband may have another mans son bearing his name and receiving support from him.
Beltran vs People (2000) FACTS: Petitioner Meynardo Beltran and wife Charmaine E. Felix were married on June 16, 1973 at the Immaculate Concepcion Parish Church in Cubao, Quezon City. On February 7, 1997, after twenty-four years of marriage and four children, petitioner filed a petition for nullity of marriage on the ground of psychological incapacity under Article 36 of the Family Code before Branch 87 of the Regional Trial Court of Quezon City. The case was docketed as Civil Case No. Q-97-30192. In her

woman when she was alone, the circumstances may prove the accuseds lewd designs. Lovers embraces and kisses are not acts of lasciviousness. The act of lasciviousness must be committed under any of the circumstances mentioned in the definition of the crime of rape. There is no frustrated crime of acts of lasciviousness.
Offenses against chastity Committed by a private individual, in most cases Some actual act of lasciviousness should have been executed by the offender Abuses against chastity Committed by a public officer only Mere immoral or indecent proposal made earnestly and persistently is sufficient

since the essence of lewdness is in the very act itself. He was convicted of consummated acts of lasciviousness. People v. Sailito Perez (2002) FACTS: Sailito Perez y Gazo was charged with five counts of statutory rape against Jobelyn Ramos his 11 year old niece. The accused interposed the defense of denial and imputed ill-motive on the part of Jobelyn's mother which had led to the filing of the criminal charges. The accused testified that during all the time that the incidents were allegedly taking place, he was plying a tricycle to earn his living. The trial court rendered judgment finding the accused guilty of the crime of Statutory Rape and guilty of the offense of Acts of Lasciviousness. HELD: The trial court correctly found appellant guilty of acts of lasciviousness. Appellant was shrouded with lust in trying, although unsuccessfully, to get the young girl to suck his penis. The elements of this crime are that: (a) the offender commits any act of lasciviousness or lewdness; (b) by using ford or intimidation, or when the offended party is deprived of reason or otherwise unconscious, or the offended party is under 12 years of age. In acts of lasciviousness, the acts complained of are prompted by lust or lewd design where the victim has not encouraged such acts. In cases of acts of lasciviousness, the offender is deemed to have accomplished all the elements necessary for the existence of the felony once he has been able, by his overt acts, to actually achieve or attain his purpose.

Acts of lasciviousness Attempted Rape Means of committing the crime are the same The offended party in both crimes is a person of either sex The performance of acts of lascivious character is common to both crimes Acts performed do not Acts performed clearly indicate that the accused indicate that the was to lie with the accuseds purpose was offended party to lie wit the offended woman Lascivious acts are Lascivious acts are themselves the final preparatory to the objective sought by the commission of rape offender Acts of lasciviousness The element of lewd designs exists Unjust vexation There is no motive of lewd designs

People vs. Famularcano Famularcano, a driver at the Camp John Hay, followed Dionisia after she alighted from the truck. She took her by the waist, held her to his breast and private parts. She resisted and was able to extricate herself. She then walked towards the house of her friend, instead of going home. When a complaint for acts of lasciviousness was filed against him, Famularcano claimed that he had no intention of having sexual intercourse with her. He did the acts a s a revenge for what Dionisias father did to his wife. HELD: The accused cannot be convicted of frustrated acts of lasciviousness for under the very terms of the law such frustration can never take place. In cases of acts of lasciviousness, as in all cases of crimes against chastity like adultery and rape, from the moment the offender performs all the elements necessary for the existence of the felony, he actually attains his purpose, and from that moment, all the essential elements of the offense have also been accomplished. Motive of revenge is of no consequence

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RA 7877 ANTI-SEXUAL HARASSMENT ACT OF 1995 SECTION 3. Work, Education or Trainingrelated Sexual Harassment Defined. Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said act. (a) In a work-related or employment environment, sexual harassment is committed when: (1) The sexual favor is made as a condition in the hiring or in the employment, reemployment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; (2) The above acts would impair the employee's rights or privileges under existing labor laws; or (3) The above acts would result in an intimidating, hostile, or offensive environment for the employee. (b) In an education or training environment, sexual harassment is committed: (1) Against one who is under the care, custody or supervision of the offender; (2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender; (3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships or the payment of a stipend, allowance or other benefits, privileges, or considerations; or (4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice. Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act.

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. 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. b. c. 3. Priest; House servant; Domestic; who abused their Those who abused their

Those relationship a. his sister; b.

Brother who seduced Ascendant seduced his descendant. who

Deceit is not an element of qualified seduction. Abuse of confidence is the necessary element. The fact that the girl gave her consent to the sexual intercourse is not a defense, because lack of consent is not an element of the offense.

Article 337. Qualified seduction Acts punishable:

domestic a person usually living under the same roof, pertaining to the same house

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 Distinguished from rape: if any of the circumstances in the crime of rape is present, the crime is not to be punished under this article In case of a teacher, it is not necessary that he be the teacher of the offended party, as long as he is a teacher in the same school. Qualified seduction of a sister or descendant is punished by a penalty next higher in degree. The age or reputation of the sister or descendant is irrelevant. An accused charged with rape cannot be convicted of qualified seduction under the same information.
People vs. Fontanilla Fe Castro, a fifteen-year old virgin, was brought by her mother to the house of the appellant and his second wife to serve as a helper. Fe Castro testified that during her stay in the house of Fontanilla for about three months the accused succeeded in having carnal knowledge of her repeatedly, the total number of times she could not recall. She was certain, however, that the accused consummated the first sexual intercourse with her one night in September. She also declared that prior to this incident, the accused had made amorous overtures and advances toward her. Aside from giving her money, the accused repeatedly promised to abandon his wife to live with her. Fe Castro repeatedly yielded to the carnal desires of the accused, as she was induced by his promises of marriage and frightened by his acts of intimidation. Their intimacies lasted for almost three months until her aunt, the wife of the accused, caught them in flagrante on the kitchen floor. The following day she returned to her parents, and revealed everything to her mother two days later. Fontanilla denies everything. HELD: It was qualified seduction. Anent the said marital promise, Fontanilla also claims that there is no evidence on record supporting its veracity. Granting this to be correct, it is nevertheless settled that deceit, although an essential element of ordinary or simple seduction, does not need to be proved or established in a charge of qualified seduction. It is replaced by abuse of confidence. When the offender is a public officer, a priest or minister, a servant, domestic, tutor, teacher, or under any title is in charge of the education or keeping of the offended woman, as in the present case, the act is punishable although fraud or deceit may not have been used or, if employed, has not been proved. The seduction of a virgin over twelve and under eighteen years of age, committed by any of the persons enumerated in Art. 337 "is constitutive of the crime of qualified seduction . . . even though no deceit intervenes or even when such carnal knowledge were voluntary on the part of the virgin, because in such a case, the law takes for granted the existence of the deceit as an integral element of the said crime and punishes it with greater severity than it does the simple seduction . . . taking into account the abuse of confidence on the part of the agent (culprit), an abuse of confidence which implies deceit or fraud."

Babanto vs. Zosa Babanto, a policeman, brought Dagohoy, 13 years old and with low mentality, to the ABC Hall where he succeeded in having sexual intercourse with her. Babanto was charged with rape but convicted of qualified seduction. HELD: The complaint filed alleged that the accused abused his position as policeman by having carnal knowledge of a 13 year old girl. However, there is no allegation that the complainant was a virgin. Though it is true that virginity is presumed if the girl is over 12 but under 18, unmarried and of good reputation, virginity is still an essential element of the crime of qualified seduction and must be alleged in the complaint. A conviction of the crime of qualified seduction without the allegation of virginity would violate the petitioners right to be informed of the nature and cause of the accusation against him. Petitioner is guilty of rape, consider the victims age, mental abnormality and deficiency. There was also sufficient intimidation with the accused wearing his uniform. Perez vs. CA Perez was able to have sexual intercourse with Mendoza twice after he promised marriage to her. As he did not make good on said promises, Mendoza filed a complaint for Consented Abduction. The trial court found that the acts constituted seduction, and so it acquitted him on the charge of consented abduction. Mendoza then filed a complaint for qualified seduction. Perez moved to quash on the grounds of double jeopardy. HELD: There are similar elements between Consented Abduction and Qualified Seduction, namely: (1) the offended party is a virgin, and (2) over 12 but under 18 years of age. However, there are other elements which differentiate the two crimes. For example, consented abduction requires the taking away of the victim without her consent, while qualified seduction requires that there be abuse of authority, confidence or relationship. Thus, an acquittal for Consented Abduction will not preclude the filing of a charge for Qualified Seduction, because the elements of the two crimes are different.

Article 338. Simple seduction Elements: 1. Offended party is over 12 and under 18 years of age; 2. She is of good reputation, single or widow; 3. Offender has sexual intercourse with her; 4. It is committed by means of deceit. Purpose of the law: To punish the seducer who by means of promise of marriage, destroys the chastity of an unmarried female of previous chaste character

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 Virginity of the offended party is not required, good reputation is sufficient. Deceit generally takes the form of unfulfilled promise of marriage. What about unfulfilled promise of material things, i.e. the woman agrees to intercourse with a man who promised to give her jewelry? This is not seduction, because she is a woman of loose morals. (she is a high-class prostitute!) Promise of marriage by a married man is not a deceit, if the woman knew him to be married.
People vs Pascua (2003) FACTS: Liza and Anna Paragas, 12 year old twins, were sexually molested by a neighbor Hipolito Pascua. Upon learning what the Pascua had done to her daughters, Leticia, their mother, confronted them. Liza and Anna revealed that Pascua had sexually abused them. Leticia wasted no time in reporting the matter to their barangay chairman and to the police before whom she filed criminal complaints. On appeal, Pascua argued that he should only be liable for simple seduction. HELD: Under Article 338 of the Revised Penal Code, to constitute seduction, there must in all cases be some deceitful promise or inducement. The woman should have yielded because of this promise or inducement. In this case, the appellant claims that the acts of sexual intercourse with the private complainants were in exchange for money. He declared that, prior to every sexual intercourse with Liza and Anna, he would promise them P20. However, aside from his bare testimony, the appellant presented no proof that private complainants' consent was secured by means of such promise. As aptly opined by the trial court, the money given by the appellant to private complainants was not intended to lure them to have sex with him. Rather, it was for the purpose of buying their silence to ensure that nobody discovered his dastardly acts. The evidence for the prosecution was more than enough to show that the element of voluntariness on the part of private complainants was totally absent. Liza and Anna's respective testimonies established that the appellant had sexual intercourse with them without their consent and against their will.

3. Offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit. A male cannot be the offended party in this crime. Even if the offended party consented, the offender is still liable because the consent is obtained by abuse of confidence or relationship, or by means of deceit. When the victim is under 12 years, the penalty shall be one degree higher that that imposed by law.
Acts of lasciviousness (Art. 336) Committed under the circumstances which, had there been carnal knowledge, would amount to rape Acts of lasciviousness (Art. 339) Committed under circumstances which, had there been carnal knowledge, would amount to either qualified or simple seduction

Article 340. Corruption of minors Act punishable: The promotion or facilitation of the prostitution or corruption of persons under age (minors), to satisfy the lust of ANOTHER Who are liable: Any person. If the culprit is a public officer or employee, including those in GOCCs, there is an additional penalty of temporary absolute disqualification It is not necessary that the unchaste acts shall have been done on the minor. What the law punishes is the act of a pimp who facilitates the corruption of minors, NOT the performance of unchaste acts upon the minor. A mere proposal will consummate the offense. When the victim is under 12 years, the penalty is one degree higher
RA 7610 Special protection of Children Against Child Abuse, Exploitation and Discrimination Act ARTICLE III Child Prostitution and Other Sexual Abuse SECTION 5. Child Prostitution and Other Sexual Abuse. Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

Article 339. Acts of lasciviousness with the consent of the offended party Elements: 1. Offender commits acts of lasciviousness or lewdness; 2. The acts are committed upon a woman who is a 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;

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The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: a) Those who engage in or promote, facilitate or induce child prostitution which include, but are not limited to, the following: 1. Acting as a procurer of a child prostitute; 2. Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; 3. Taking advantage of influence or relationship to procure a child as prostitute; NPcBCo 4. Threatening or using violence towards a child to engage him as a prostitute; or 5. Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution. (b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; and (c) Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution takes place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment. SECTION 6. Attempt To Commit Child Prostitution. There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof 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 other 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. There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code.

Acts punishable: In any manner or under any pretext, 1. 2. 3. Engaging in the business of prostitution; Profiting by prostitution; Enlisting the services of women for the purpose of prostitution. Habituality is not a necessary element of white slave trade. It is sufficient that the accused has committed any of the acts in this article. Under any pretext one who engaged the services of a woman ostensibly as a maid, but it reality for prostitution, is guilty under this article. When the victim is under 12 years, the penalty shall be one degree higher. Article 342. Forcible abduction Elements: 1. The person abducted is any woman, regardless or her age, civil status, or reputation; 2. The abduction is against her will; 3. The abduction is with lewd designs. 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 her Crimes against chastity where age and reputation are immaterial: o Rape o Acts of lasciviousness against the will or without the consent of the offended party o Qualified seduction of a sister/descendant o Forcible abduction The taking away of the woman may be accomplished by means of deceit first and then by means of violence and intimidation. If the female abducted is under 12 years of age, the crime is forcible abduction, even if she voluntarily goes with her abducter. Sexual intercourse is not necessary in forcible abduction

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 Where there are several defendants, it is enough that one of them had lewd designs

This is the Maggie DeLa Riva story (wherein Maggie was abducted and brought to the Swanky Hotel, where the four accused each took turns in raping her) HELD: While the first act of rape was being performed, the crime of forcible abduction had already been consummated, so that each of the three succeeding crimes of the same nature cannot legally be considered as still connected with the abduction. In other words, they should be detached from, and considered independently of, that of forcible abduction, and therefore, the former can no longer be complexed with the latter. As regards therefore, the complex crime of forcible abduction with rape, the first of the crimes committed, the latter is definitely the more serious crime. Hence, pursuant to Article 48, the penalty prescribed shall be imposed in the maximum period. Consequently, the accused should suffer the extreme penalty of death. No need to consider aggravating circumstances for the same would not alter the nature of the penalty imposed. People vs. Alburo

Husband cannot be found guilty of forcible abduction, as lewd design is wanting. ??? When there is deprivation of liberty and no lewd designs, the crime is kidnapping and serious illegal detention. Attempt to rape is absorbed in the crime of forcible abduction, thus there is no complex crime of forcible abduction with attempted rape (the attempt is evidence of the lewd designs) Consummated rape may absorb forcible abduction if the main objective was to rape the victim.

Forcible abduction Purpose is to effect his lewd designs on the victim Forcible abduction with rape The violent taking of the woman is motivated by lewd designs Crime against chastity

Corruption of minors Purpose is to lend the victim to illicit intercourse with others Kidnapping (with rape) Not so motivated Crime against liberty

Alburo and 2 other men raped Evelyn Cantina. She was a jeepney passenger when she was prevented from leaving the jeepney, taken to a remote place and was raped there. HELD: They are guilty of the complex crime of FORCIBLE ABDUCTION WITH RAPE. In reviewing the evidence adduced by the prosecution for this crime of Rape, we have likewise been guided by three well-known principles, namely, (1) that an accusation of rape can be made with facility, is difficult to prove, but more difficult for the person accused, though innocent, to disprove; (2) that in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution; and (3) that the evidence for the prosecution must stand or fall on its own merits, and cannot be allowed to draw strength from the weaknesses of the evidence for the defense. The factual milieu of this criminal charge before us gives us no reason to depart from these established rules. On the contrary, we find that Appellant had taken Evelyn away against her will, with lewd designs, subsequently forced her to submit to his lust and rendering her unconscious in the process, thereby justifying his conviction for the complex crime of Forcible Abduction with Rape under Article 48 in relation to Articles 335 and 342 of the Revised Penal Code, with which he has herein been charged. People vs. Godines Ancajas witnessed the killing of Vilaksi by the 2 accused. The accused, upon seeing her with her baby, dragged her to a vacant lot where they took turns in raping her. Trial court convicted them of the crime of rape. HELD: TC correctly held that forcible abduction is absorbed in the crime of rape if the main objective of the accused is to rape the victim.

People vs. Sunpongco Angeles was abducted from the jeepney by Silvestre Sunpongco with the aid of 3 men and was brought to Hilltop Hotel where Silvestre succeeded in having sexual intercourse with her. HELD. Article 344 of the RPC and the Rules on Criminal Procedure require that the offenses of abduction and rape and other offenses which cannot be prosecuted de oficio shall not be prosecuted except upon complaint filed by the offended party. In the CAB, it is admitted that the sworn complaint of the victim was not formally offered in evidence by the prosecution. This failure to adhere to the rules however is not fatal and did not oust the court of its jurisdiction to hear and decide the case. Jurisprudence reveals that if the complaint in a case which cannot be prosecuted de oficio is forwarded to the trial court as part of the records of the preliminary investigation of the case, the court can take judicial notice of the same without the necessity of its formal introduction as evidence for the prosecution. The records of the case forwarded to the CFI include the complaint filed by Juanita in the municipal court of Guiguinto which conducted the preliminary investigation. Subject complaint was also marked as an exhibit. People vs. Jose

Forcible Abduction with rape

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People v. Ablaneda (2001) FACTS: On February 18, 1993, at around 7:00 o'clock in the morning, six-year old Magdalena Salas was walking to school. Along the way, Jaime Ablaneda approached her and asked if he could share her umbrella, since it was raining. He then boarded a trimobile with Magdalena and brought her to a small hut. While inside, Ablaneda removed his underwear and the child's panties. He applied cooking oil, which he had bought earlier, on his organ and on Magdalena's. Then, he proceeded to have sexual intercourse with the little girl. When Magdalena arrived at their house, Ailene Villaflores, her uncle's sister-in-law, noticed that she looked pale and weak, and found traces of blood on her dress. Magdalena confessed that she was raped by a man who had a scar on the stomach. Dr. Nilda Baylon, the Medico-Legal Officer who examined Magdalena, found that the latter's hymen was completely lacerated, thus confirming that she had indeed been raped. Ablaneda was charged before the RTC, with the complex crime of Forcible Abduction with Rape. He was found guilty. HELD: All the elements of forcible abduction are present in this case. The victim, who is a woman, was taken against her will, as shown by the fact that she was intentionally directed by accused-appellant to a vacant hut. At her tender age, Magdalena could not be expected to physically resist considering that the lewd designs of accused-appellant could not have been apparent to her at that time. The employment of deception suffices to constitute the forcible taking, especially since the victim is an unsuspecting young girl. Considering that it was raining, going to the hut was not unusual to Magdalena, as probably the purpose was to seek shelter. Barrio girls are particularly prone to deception. It is the taking advantage of their innocence that makes them easy culprits of deceiving minds. Finally, the evidence shows that the taking of the young victim against her will was effected in furtherance of lewd and unchaste designs. Such lewd designs in forcible abduction is established by the actual rape of the victim.

Chief of Police immediately ordered the arrest of Lining but Salvacion was able to escape. After trial, the court found Gerry Lining guilty beyond reasonable doubt for the crime of forcible abduction with rape, and for another count of rape. HELD: Accused-appellant could only be convicted for the crime of rape, instead of the complex crime of forcible abduction with rape. Indeed, it would appear from the records that the main objective of the accused when the victim was taken to the house of Mila Salvacion was to rape her. Hence, forcible abduction is absorbed in the crime of rape.

Article 343. Consented abduction Elements: 1. 2. 3. 4. Offended party is a virgin; She is over 12 and under 18 years of age; Offender takes her away with her consent, after solicitation or cajolery; The taking away is with lewd designs. Purpose of the law: to prescribe punishment for the disgrace to her family and the alarm caused therein by the disappearance of one who is, by her age and sex, susceptible to cajolery and deceit.

People v Gerry Lining (2002) FACTS: On October 4, 1997, Emelina Ornos, then fifteen (15) years old visited her aunt Josephine to spend the night. While in her aunt's house, Emelina was invited by one Sajer to a dance party to be held at the barangay basketball court. Emelina accepted the invitation and at around seven o'clock in the evening of the same day, she went to the party, accompanied by her aunt. Josephine then left Emelina at the party, telling her that she had to go home but she would return later to fetch her. Emelina decided to go home alone. On her way to her aunt's house, Emelina was accosted by Gerry Lining and Lian Salvacion. Lining poked a kitchen knife at Emelina's breast and the two held her hands. Emelina was dragged towards the ricefield and was forcibly carried to an unoccupied house where she was raped by both men. The next day, Gerry Selda, a friend of her father, saw her crying. She told him about the rape incident and Selda accompanied her to the police. The

If the virgin is under 12, the crime is forcible abduction. (because law assumes that a person of such age cannot give consent, so this also applies to those deprived of reason) The taking away of the girl need not be with some character of permanence. When there was no solicitation or cajolery and no deceit and the girl voluntarily went with the man, there is no crime committed even if they had sexual intercourse. Article 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness. Who may file complaint:

1.

For adultery and concubinage must be prosecuted upon complaint signed by the offended person

2.

For seduction, abduction or acts of lasciviousness must be prosecuted upon complaint signed by a. the offended party C2005 Criminal Law Reviewer 151

b. her parents c. her grandparents or d. guardians, in the order in which they are named above. Reason why the crimes against chastity cannot be prosecuted de oficio offended woman might prefer to suffer the outrage in silence rather than go through with the scandal of a public trial Adultery and concubinage Offended party cannot institute criminal proceedings without including BOTH guilty parties, if they are both alive. Offended party cannot institute criminal proceedings if he shall have consented or pardoned the offenders. Pardon in adultery and concubinage must come before the institution of the criminal action and both offenders must be pardoned by the offended party if said pardon is to be effective. Consent given before the adultery or concubinage was committed. Example: agreement to live separately. Delay in the filing of the complaint does not indicate pardon. Seduction, abduction, acts of lasciviousness Offended party cannot institute criminal proceedings if the offender has been EXPRESSLY pardoned by the offended party, or her parents, grandparents or guardian. Pardon by the parent, grandparent or guardian must be accompanied by the express pardon of the offended woman herself.

by the offended woman, since rape is a public crime.

When the evidence fails to prove a complex crime of rape with another crime, and there is no complaint signed by the offended woman, the accused cannot be convicted of rape. Marriage of the offender with the offended party in seduction, abduction, acts of lasciviousness and rape, extinguishes criminal action or remits the penalty already imposed. The marriage extinguishes the criminal action even as to co-principals, accomplices and accessories of the crime. Marriage must be entered into in good faith and with the intent of fulfilling the marital duties and obligations. Pardon must be given before the institution of criminal proceedings (bar to prosecution). Marriage may take place after criminal proceedings have commenced, or even after conviction (extinguishes criminal action and remits penalty).
Pilapil vs. Ibay-Somera Geiling, a German, was able to obtain a decree of divorce in Germany against his wife Pilapil, a Filipina. Five months after the issuance of the divorce decree, Geiling filed 2 complaints for adultery against Pilapil. She challenged the complaint on the ground that the complainant, her husband, does not qualify as an offended spouse having obtained a final divorce decree under his national law prior to his filing the criminal complaint. HELD: The crime of adultery, as well as four other crimes against chastity, cannot be prosecuted except upon a sworn written complaint filed by the offended spouse. It has long since been established, with unwavering consistency, that compliance with this rule is a jurisdictional, and not merely a formal, requirement. Now, the law specifically provides that in prosecutions for adultery and concubinage the person who can legally file the complaint should be the offended spouse, and nobody else. Unlike the offenses of seduction, abduction, rape and acts of lasciviousness, no provision is made for the prosecution of the crimes of adultery and concubinage by the parents, grandparents or guardian of the offended party. The so-called exclusive and successive rule in the prosecution of the first four offenses do not apply to adultery and concubinage. It necessarily follows that such initiator must have the status, capacity or legal representation to do so at the time of the filing of the criminal action. Lack of legal capacity to sue, as a ground for a motion to dismiss in civil cases, is determined as of the filing of the complaint or petition. Hence, with reference to adultery cases, the status of the complainant vis--vis the accused must be determined as of the time the complaint was filed. The person who initiates

The right to file action of the parents, grandparents and guardian shall be exclusive of other persons and shall be exercised successively in the order provided. When the offended party is a minor, her parents may file the complaint. When the offended party is of age and is in complete possession of her mental or physical faculties, she alone can file the complaint. The guardian must be legally appointed by the court.

Rape complexed with another crime against chastity need not be signed

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the adultery case must be an offended spouse, and by this is meant that HE IS STILL MARRIED to the accused spouse, at the time of the filing of the complaint. The divorce obtained by Geiling and its legal effects may be recognized in the Phils. In view of the nationality principle in our civil law on the matter of status of persons. (Aliens of Filipino spouses may obtain divorces abroad, which may be recognized in the Phils. if they are valid according to their national law._ Being no longer the husband of Pilapil, Geiling had no legal standing to commence the adultery case under the imposture that he was the offended spouse at the time he filed the suit.

house of the married woman to give such support. This will cause disturbance to the family rights of the married couple. Article 346. Liability of ascendants, guardians, teacher or other persons entrusted with the custody of the offended party Persons who cooperate as accomplices but are punished as principals in rape, seduction, abduction, acts of lasciviousness etc (chapters 2, 3 and 4 of this title): 1. ascendants 2. guardians 3. curators 4. teachers 5. any other person, who cooperates as accomplice with abuse of confidence or confidential relationship

Article 345. Civil liability of persons guilty of crimes against chastity Civil liabilities of persons seduction, or abduction: 1. 2. the 3. guilty of rape,

To indemnify the offended woman; To acknowledge the offspring, unless law shall prevent him from so doing; In every case to support the offspring

The adulterer and concubine can be sentenced only to indemnify for damages caused to the offended spouse. No civil liability of acts of lasciviousness under this article.

Only indemnity is possible in adultery and concubinage because only children born of parents who could marry at the time of conception may not be acknowledged. Support is also not possible because the person who gives birth is one of the offenders. Moral damages may be recovered in seduction, abduction, rape or other lascivious acts, as well as adultery and concubinage (Art. 2219, Civil Code). The parents of the female seduced, raped or abused may also recover moral damages. All offenders in multiple rape must support the offspring, as any one of them may be the father. Under the Civil Code, judgment to recognize the offspring may only be given if there is pregnancy within the period of conception, which is within 120 days from the commission of the offense (Article 283) In rape of a married woman, only indemnity is allowed. Defendant cannot be sentenced to acknowledge the offspring, because the woman is married. Support cannot also be given, because the offender cannot enter periodically the C2005 Criminal Law Reviewer 153