CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL 2017

CRIMES AGAINST CHASTITY de oficio (upon complaint of any

person).
(333-346)
EACH sexual intercourse
constitutes a crime of Adultery.

Art. 333- Adultery

Elements: EFFECT OF ABANDONMENT BY

OFFENDED SPOUSE WITHOUT
a) The woman is married;
JUSTIFICATION
b) That she had sexual intercourse
with a man not her husband; Not exempting, but only
c) That the man with whom she mitigating.
has sexual intercourse must
Example:
know her to be married.
W believed in good faith that
Note:
her H died at sea. She had a
In Adultery and Concubinage relationship with P out of sheer
(AC) ONLY the offended necessity. W is still liable for Adultery
spouse may initiate the case. however it is mitigated. Both W & P
Unlike in Seduction, Abduction, (defendants) are entitled to this
Rape, & Acts of Lasciviousness mitigating circumstance.
(SARA), it may be filed by the
1) offended party, 2) her
parents, 3) Grandparents, or 4) The man must have carnal
guardians, successively. knowledge of the Married status
In AC, BOTH guilty parties must of the woman. Otherwise he will
be impleaded in the complaint if not liable thereof.
both are alive.
EFFECT OF ACQUITTAL OF ONE OF
Pursuant to the amendment of
THE DEFENDANTS
the provisions on Rape (335) by
R.A 8353, RAPE is now It does not operate to as a
considered a crime against cause for acquittal of the other.
persons which may prosecuted

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 CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL 2017

EFFECT OF DEATH: Bars H from instituting criminal

prosecution against W.
i. of the Paramour
Example:
It will NOT bar the prosecution
against the unfaithful wife. If there is an agreement to
separate or if H consented with the
relations of W and P after serving
EFFECT OF PARDON sentence for adultery.

Bars institution of criminal

prosecution provided that the ff
Art. 334- Concubinage
conditions are present:
Elements:
1. Pardon must be made BEFORE
institution of case. 1. the man must be married

2. BOTH offenders (wife & paramour) 2. he committed any of the ff acts:

must be pardoned
a) By keeping a mistress in the
3. it must be made by the offended conjugal dwelling; or
party himself. b) by having sexual intercourse,
under scandalous
circumstances, with a woman
WHEN IS THERE IMPLIED not his wife; or
PARDON? c) by cohabiting with her in any
other place.
If the offended party (H) and
the wife had sexual intercourse 3. woman must know him to be
subsequent to the adulterous conduct. married.

EFFECT OF CONSENT BY HUSBAND Note:

OF WIFES ADULTEROUS ACTS
Married man is NOT liable for
concubinage for MERE SEXAUL

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 CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL 2017

INTERCOURSE with a woman Note:

not his wife.
Presence of lewd design is
inferred from the nature of the
acts themselves and the
Art. 335- Rape (amended R.A.
environmental circumstance
8353) basahin mo na lang sa
(manner, place, time)
crimes against persons.

Art. 336- Acts of Lasciviousness

Example (nature of act):
Elements:
Mere touching of a womans
1. offender commits ANY act of breast is considered UNJUST
lasciviousness of lewdness; VEXATION only when the offender
performed that acts wither to spite the
2. against ANY person of EITHER
girl or to force her to accept him as a
SEX;
lover.
3. done under any of the ff
circumstances:
Example (environmental
a) victim was deprived of
circumstances):
reason or otherwise
unconscious; M embraced and kissed a girl
b) by means of fraudulent inside the CLASSROOM or in a
machinations or grave abuse of CHURCH, it does not automatically
authority; constitute AOL.
c) offended party is under 12
Note:
y/o
Almost same elements with
Rape, had there been sexual
Example: intercourse, the crime would
hae been rape.
Embracing, kissing and holding
a girls breast is Acts of Lasciviousness
(AOL)

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 CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL
Art. 339- AOL with the consent of
the offended party.
Elements:
1. offender must commit AOL
2. acts committed upon a woman who
is a VIRGIN, or SINGLE, or WIDOW of
good reputation, under 18y/o but over
12 y/o, or a sister or descendant
regardless of her reputation or age;
3. offender accomplishes the acts by
the abuse of confidence, authority,
relationship, or deceit (CARD).
Example (quiz):
T the teacher of S,
graduating student, visited S in her
home when the latter was preparing
for her graduation. They kissed and
touched each private parts
sweethearts.
Note:
Same with AOL under Art. 336,
however in Art 339 the acts
committed would amount
Qualified Seduction (Art. 337)
or Simple Seduction (Art. 3380.
Art. 337- Qualified Seduction
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2017
There two classes of QS:
I. Seduction of a VIRGIIN over
12 y/o & under 18 y/o by a
person in public authority,
priest, home-servant,
domestic, guardian, teacher
or any person entrusted with
the education or custody of
the woman seduced.
Elements First class:
1. offended party is a VIRGIN
2. she must be over 12 but under
18 y/o
16y/o
3. offender had sexual intercourse
with her
4. there is abuse of CAR on the
being part of offender. (Deceit is not an
element in QS)
Example (quiz):
T is the teacher of S, a 15y/o
third year high school student and
to a virgin. She became the girlfriend
of T when she was in her fourth
year and was no longer the student
of S. At the age of 16, T had sex
with S with her consent.
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 CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL 2017

Note: Example:

VIRGINITY of a woman is an T promised S that he will marry

essential element is Qualified her if he would have sex with him.
Seduction and Consented
Abduction.
Art 342- Forcible Abduction

Elements:
II. Seduction of a SISTER by
her brother, or of a 1. person abducted is a woman,
descendant by her regardless of age, civil status, or
ascendant, regardless of her reputation;
age or reputation.
2. abduction is against her will;

3. abduction is with lewd designs.

Art. 338- Simple Seduction
Note:
Elements:
Virginity of a woman is not an
1. offended party is over 12y/o but
essential element.
under 18y/o, of good reputation,
Age and reputation of a woman
single or a widow;
is immaterial.
2. offender had sexual intercourse FA may be committed against a
with her married woman the provision
says Any woman..
3. by means of deceit.
Sexual intercourse is not
Note: necessary in FA, mere intent to
seduce a girl is sufficient
Unlike in Qualified Seduction,
Virginity is not required in
Simple Seduction.
Art. 343- Consented Abduction
Deceit consists an unfulfilled
promise of material things Elements:

1. offended party must be a virgin;

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 CRIMINAL LAW REVIEW NOTES JUSTICE SANDOVAL 2017

2. she must be over 12 and under

18y/o;

3. the taking away of the offended

party must be with her consent after
solicitation or cajolery from the
offender;

4. taking away of the offended party

must be with lewd designs.

Example (Quiz):

T and S, 15y/o, were in the

latters house when T asked S to go to
the movies for her parents might
come. Inside the movie house, 100m
away from her house, they kissed
each other, touching their private
parts.

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