1. Concept
| Article 245. The penalties of prision correccional in its medium and maximum periods and temporary special disqualification shall be imposed: |
| 1) Upon any public officer who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer; |
| 2) Any warden or other public officer directly charged with the care and custody of prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody. |
| If the person solicited be the wife, daughter, sister of relative within the same degree by affinity of any person in the custody of such warden or officer, the penalties shall be prision correccional in its minimum and medium periods and temporary special disqualification. (Act No. 3815, Revised Penal Code) |
a. Public officer
“Public officer” –refers to any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, of shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class, for purposes of Titles 1 to 6, Book 2 of the Revised Penal Code. (Article 203, Act No. 3815, Revised Penal Code)
2. Mode of commission
a. 1st Mode
Elements of the offense:
1) The offender is a public officer; and
2) He solicits or makes immoral or indecent advances to a woman interested in matters pending before such officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer.
b. 2nd Mode
Elements of the offense:
1) The offender is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest; and
2) He solicits or makes immoral or indecent advances to a woman under his custody.
References
⦁ Title 7 – Crimes Committed by Public Officers, Book 2, Revised Penal Code
/Updated: December 30, 2022
