Title Eleven: CRIMES AGAINST CHASTITY

Chapter One: ADULTERY AND CONCUBINAGE

Article 333. Who are guilty of adultery. – Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her knowing her to be married, even if the marriage be subsequently declared void.

Adultery shall be punished by prision correccional in its medium and maximum periods.

If the person guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.

Elements:

  • Any married woman.
  • Who shall have sexual intercourse with a man not her husband
  • By a man who has carnal knowledge of her knowing her to be married

 Carnal Knowledge – has been defined as the act of a man having sexual body connections with a woman; Sexual Intercourse. (Poeple v. Bormeo G.R. No. 91734, March 30, 1993)

 

Article 334. Concubinage. – Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods.

The concubine shall suffer the penalty of destierro.

Elements:

  • Any married man
  • Who shall keep a mistress in the conjugal dwelling or shall cohabitate with her in any other place
  • Shall have sexual intercourse, under scandalous circumstances with a woman not his wife

 

Chapter Two: RAPE AND ACTS OF LASCIVIOUSNESS

Article 335. When and how rape is committed. – Rape is committed by having carnal knowledge of a woman under any of the following circumstances:

  • By using force or intimidation;
  • When the woman is deprived of reason or otherwise unconscious; and
  • When the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present.

The crime of rape shall be punished by reclusion perpetua.

Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.

When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.

When rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be likewise death.

When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death. (As amended by R.A. 2632, approved June 18, 1960, and R.A. 4111, approved June 20, 1964).

Elements:

  • Any person
  • Shall have carnal knowledge of a woman
  • under any of the following circumstances:
  • by using force or intimidation;
  • when the woman is deprived of reason or otherwise unconscious; and
  • when the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present.

Article 336. Acts of lasciviousness. – Any person who shall commit any act of lasciviousness upon other persons of either sex, under any of the circumstances mentioned in the preceding article, shall be punished by prision correccional.

Elements:

  • Any person
  • Who shall commit any acts of lasciviousness
  • Upon any other person of either sex
  • Under any of the following circumstances:
  • by using force or intimidation;
  • when the person is deprived of reason or otherwise unconscious; and
  • when the person is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present.

 

Chapter Three: SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE

Article 337. Qualified seduction. – The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prision correccional in its minimum and medium periods.

The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age.

Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein.

Elements:

  • Any person of
    • public authority,
    • Priest,
    • Home Servant,
    • Domestic,
    • Guardian,
    • Teacher,
    • or any person who, in any capacity, shall be entrusted with the education or custody
  • Shall have carnal knowledge of a woman
  • Seduce a virgin over twelve years and under eighteen years of age

 If the offender seduce his Sister or descendant (Penalty is Next Degree Higher)

  • Shall have carnal knowledge of a woman
  • whether or not she be a virgin or over eighteen years of age.

 Article 338. Simple seduction. – The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of deceit, shall be punished by arresto mayor.

Elements:

  • Any person
  • Who shall seduce a woman who is single or a widow of good reputation
  • Over the age of twelve but under eighteen years of age
  • Committed by means of deceit

Article 339. Acts of lasciviousness with the consent of the offended party. – The penalty of arresto mayor shall be imposed to punish any other acts of lasciviousness committed by the same persons and the same circumstances as those provided in Articles 337 and 338.

Elements:

  • Any person of
    • public authority,
    • Priest,
    • Home Servant,
    • Domestic,
    • Guardian,
    • Teacher,
    • or any person who, in any capacity, shall be entrusted with the education or custody
  • Shall have carnal knowledge of a woman
  • Seduce a virgin over twelve years and under eighteen years of age
  • with consent of the woman

 Article 340. Corruption of minors. – Any person who shall promote or facilitate the prostitution or corruption of persons underage to satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a pubic officer or employee, including those in government-owned or controlled corporations, he shall also suffer the penalty of temporary absolute disqualification. (As amended by Batas Pambansa Blg. 92).

Elements:

  • Any person
  • Shall promote or facilitate the prostitution or corruption of persons underage

Article 341. White slave trade. – The penalty of prision mayor in its medium and maximum period shall be imposed upon any person who, in any manner, or under any pretext, shall engage in the business or shall profit by prostitution or shall enlist the services of any other for the purpose of prostitution (As amended by Batas Pambansa Blg. 186.)

 Elements:

  • Any person
  • shall engage in the business or shall profit by prostitution, or
  • shall enlist the services of any other for the purpose of Prostitution

Chapter Four: ABDUCTION

Article 342. Forcible abduction. – The abduction of any woman against her will and with lewd designs shall be punished by reclusion temporal.

The same penalty shall be imposed in every case, if the female abducted be under twelve years of age.

Elements:

  • Any person
  • Shall abduct any woman against her will
  • with Lewd designs

Article 343. Consented abduction. – The abduction of a virgin over twelve years and under eighteen years of age, carried out with her consent and with lewd designs, shall be punished by the penalty of prision correccional in its minimum and medium periods.

 Elements:

  • Any person
  • Shall abduct any woman over twelve years and under eighteen years of age
  • with the consent of the woman
  • with Lewd designs

Chapter Five: PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE ELEVEN

Article 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness. – The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse.

The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if he shall have consented or pardoned the offenders.

The offenses of seduction, abduction, rape or acts of lasciviousness, shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned by the above named persons, as the case may be.

In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The provisions of this paragraph shall also be applicable to the co-principals, accomplices and accessories after the fact of the above-mentioned crimes.

Article 345. Civil liability of persons guilty of crimes against chastity. – Person guilty of rape, seduction or abduction, shall also be sentenced:

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

The adulterer and the concubine in the case provided for in Articles 333 and 334 may also be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended spouse.

Article 346. Liability of ascendants, guardians, teachers, or other persons entrusted with the custody of the offended party. – The ascendants, guardians, curators, teachers and any person who, by abuse of authority or confidential relationships, shall cooperate as accomplices in the perpetration of the crimes embraced in chapters, second, third and fourth, of this title, shall be punished as principals.

Teachers or other persons in any other capacity entrusted with the education and guidance of youth, shall also suffer the penalty of temporary special disqualification in its maximum period to perpetual special disqualification.

Any person falling within the terms of this article, and any other person guilty of corruption of minors for the benefit of another, shall be punished by special disqualification from filling the office of guardian.

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