Crimes against chastity, Revised Penal Code

NB: As it is currently worded, the offense may be prosecuted against the surviving guilty party if the other one is dead, regardless of whether the surviving party is the guilty spouse or the paramour/lover.

b) Effect of consent

If the offended party should consent have consented, the offenses of adultery or concubinage cannot be prosecuted. To be clear, this does not mean that no offense was committed. Rather, there is, in fact, an offense that has been committed; however, due to the provision on consent, the offense cannot be prosecuted or instituted.

It should be noted that to consent to adultery or concubinage is to know beforehand that it was going to be committed. Otherwise, if the offense has been committed, and the innocent learns about it and does not prosecute, then it is a form of pardon.

NB: Ordinarily, consent may be express or implied. To expressly given consent, the innocent spouse would have assented with a “yes”, a nod, or analogous expressions. For implied, it may pose some difficulties considering the nature of the offenses. For the accused, it would be difficult to prove an implied consent as it can be easily denied.

NB: This also applies to co-principals, accomplices, and accessories.

c) Effect of pardon

Similarly, if the offended party has pardoned the offenders, no prosecution can be made against the offences of adultery or concubinage.

As the provision is currently worded, it seems to suggest that pardon may be express or implied for adultery and concubinage. However, if you go to the next paragraph for seduction, abduction, rape, and acts of lasciviousness, pardon should be express.

When pardoning, the offended party should be fully informed of the completeness of the offense and the effects once pardon is given, i.e., the absolution of a grave offense against the offended party.

For express pardon, it has to be made clear and categorical without any room for doubt that it was the intention of the offended party. Hence, the offended party should make a positive act of forgiving the guilty parties, such as verbally saying that they have been forgiven, a written statement or an affidavit clearly stating the condonation, or analogous acts that undeniably shows forgiveness on the part of the offended party.

For implied pardon, this may pose some difficulties or challenges as it has to be inferred from the actions or behavior of the offended party. Knowledge that the guilty spouse is committing adulty or concubinage and not prosecuting or doing anything about it would not necessarily amount to a pardon. It may be interpreted simply as tolerance. Notwithstanding, this would not bar the innocent spouse from prosecuting later on.

NB: This also applies to co-principals, accomplices, and accessories.

2) Seduction, abduction, rape, or acts of lasciviousness

The following are unique provisions which apply to seduction, abduction, rape, or acts of lasciviousness.

a) Complaint by offended party, etc.

Prosecution of the following offenses may only be made via a complaint from the offended party or her parents, grandparents, or guardian:

1) Seduction;

2) Abduction;

3) Rape; and

4) Acts of lasciviousness.

NB: This also applies to co-principals, accomplices, and accessories.

b) Expressly pardoned

[T]he rules require that in cases of seduction, abduction, rape and acts of lasciviousness, pardon by the offended party, to be effective, must be expressly given. (Perez v. CA, G.R. No. L-80838, November 29, 1988, Per Cortes J., citing Rule 110, Sec. 4 of the Rules of Court, Rules 110, Sec. 5 of the 1985 Rules on Criminal Procedure.)

Thus, pardon for seduction, abduction, rape, or acts of lasciviousness may be expressly given by the following:

1) Offended party;

2) Her parents;

3) Her grandparents; or

4) Her guardian.

As with adultery and concubinage, if the above-named individuals including the offended party pardoned the offender, no prosecution can be made against seduction, abduction, rape, or acts of lasciviousness.

It is worthwhile to note that there is no language suggesting hierarchy in the individuals who are allowed to pardon the offenses. Meaning, it seems to suggest that any of the above-named may grant pardon. This may cause issues as to who among them will be followed. What if the offended party does not want to pardon but her grandparents want to do so? Or, vice versa – what if the offended party wants to pardon but her parents do not want to? These questions could have been avoided if the article provided for language indicating hierarchy as to which should be preferred, e.g. “in the following order of preference”.

NB: This also applies to co-principals, accomplices, and accessories.

c) Marriage with offender

Marriage of the offender and the offended party extinguishes the criminal liability or remit the penalty already imposed for offenses involving seduction, abduction, rape, or acts of lasciviousness.

NB: This also applies to co-principals, accomplices, and accessories.

b. Civil liability

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

1. To indemnify the offended woman.

2. To acknowledge the offspring, unless the law should prevent him from so doing.

3. 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.

(Revised Penal Code)

1) Indemnity

The indemnity to the offended woman in a case involving seduction or abduction shall be determined by the court taking into consideration various circumstances, particularly the background of the offended woman.

2) Acknowledgment

To require the offender found guilty of an offense is not a usual form of penalty for offenses or crimes committed. In rape, seduction, or abduction, offenders found guilty are required to acknowledge the offspring subject to the limitation that unless the law prevents them from so doing.

Note that there are effects to acknowledgement, particularly on family, succession, and inheritance. Further, there is also the question of what happens if the accused later on is acquitted on appeal? Would the acknowledgment be voided? If so, it may cause issues for the child. This provision could be remedied by qualifying it to apply only if the case has reached finality.

Moreover, there is also the side of the mother and/or child to consider who may not wish to be associated with the offender, considering the offenses involved – rape, seduction, or abduction. The mother may keep experiencing trauma if she is reminded of the offender via the acknowledgment as it is a permanent record on the birth certificate of the child. For the children, when they are of adult age and discretion, they may also want such record stricken off their birth certificates.

3) Support

Support for the offspring is a civil liability for those found guilty of rape, seduction, or abduction.

While the offender may be incarcerated or in jail, he may be compelled to provide support by means of his assets. In some cases, this may result in a levy or garnishment on cash/personal properties and, if they are insufficient, real properties may be attached/execution on real properties.

For more information, see: Support.

c. Accomplices, punished as principals

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.

(Revised Penal Code)

That accomplices will be punished as principals is not a usual penalty imposed upon accomplices. However, this is the resulting effect for the following individuals who cooperate as accomplices in the perpetration of the offense embraced in chapters 2, 3, and 4 of Title 11 of the Revised Penal Code:

1) Ascendants;

2) Guardians:

3) Curators;

4) Teachers; and

5) Any person who, by abuse their authority or confidential relationships with the offended party.

Chapter 2, Title XI, offenses cover:

1) Acts of lasciviousness

NB: Rape is no longer a Title XI offense.

Chapter 3, Title XI, offenses cover:

1) Qualified seduction

2) Simple seduction

3) Acts of lasciviousness with consent

4) Corruption of minors

5) White slave trade

Chapter 4, Title XI, offenses cover:

1) Forcible abduction

2) Consented abduction

2. Crimes against chastity

CHAPTER 1: ADULTERY AND CONCUBINAGE

a. Adultery

ELEMENTS:

1) The offender is a married woman;

2) She has sexual intercourse with a man not her husband;

3) The man who has carnal knowledge of her knowing her to be married. (Article 333, Act No. 3815, Revised Penal Code)

EVEN IF FMARRIAGE IS SUBSEQUENTLY VOIDED: The accused may still be charged with the crime of adultery, even if the marriage be subsequently declared void. (Ibid.)

NOT A CONTINUING CRIME; EACH ADULTERY, A CRIME: Adultery is a crime of result and not of tendency; it is an instantaneous crime which is consummated and exhausted or completed at the moment of the carnal union. Each sexual intercourse constitutes a crime of adultery. (People v. Zapata, En Banc, G.R. No. L-3047, 16 May 1951)

For more information, see: Adultery

b. Concubinage

ELEMENTS:

1) The offender has been legally married;

2) The marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code;

3) That he contracts a second or subsequent marriage; and,

4) That the second or subsequent marriage has all the essential requisites for validity. (Capili v. People, G.R. No. 183805, 03 July 2013)

EVEN IF FIRST MARRIAGE IS SUBSEQUENTLY VOIDED: The accused may still be charged with the crime of bigamy, even if there is a subsequent declaration of the nullity of the second marriage, so long as the first marriage was still subsisting when the second marriage was celebrated. (Ibid.)

For more information, see: Concubinage

CHAPTER 2: ACTS OF LASCIVIOUSNESS

c. Acts of lasciviousness

ELEMENTS:

1) The offender commits any act of lasciviousness or lewdness;

2) the lascivious act is done under any of the following circumstances:

(a) By using force or intimidation;

(b) When the offended party is deprived of reason or otherwise unconscious; or,

3) The offended party is another person of either sex. (Capueta v. People, G.R. No. 240145, 14 September 2020)

For more information, see: Acts of Lasciviousness

CHAPTER 3: SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE

d. Simple seduction

ELEMENTS:

1) The offender has carnal knowledge of a woman who is above 12 years but under 18 years of age;

2) The woman is of chaste life and good reputation; and,

3) The carnal knowledge is accomplished by means of deceit. (Agcaoili v. People, G.R. No. 194657, 10 September 2014)

DECEIT: The usual form of deceit is an unfulfilled promise of marriage. (Ibid.)

For more information, see: Simple Seduction

e. Qualified seduction

ELEMENTS:

1) The offended party is a virgin;

2) She must be over 12 and under 18 years of age;

3) The offender has sexual intercourse with her; and,

4) The offender is a person in public authority, priest, house servant, domestic, guardian, teacher, one entrusted with the education or custody of the offended party, or a brother or ascendant of the latter. (Babanto v. Zosa, G.R. No. L-32895, 28 February 1983)

SEDUCTION: Seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein. (Last paragraph, Article 337, Ibid.)

VIRGINITY: A conviction for the crime of qualified seduction without the allegation of virginity would violate the accused’s right to be informed of the nature and cause of the accusation against him. (Babanto v. Zosa, supra.)

a. CONTRASTED WITH OTHER CRIMES

1) Qualified Seduction v. Consented Abduction

Factors	Qualified Seduction	Consented Abduction
Common elements	1) That the offended party is a virgin, and, 2) That she must be over twelve (12) and under eighteen (18) years of age.	1) That the offended party is a virgin, and, 2) That she must be over twelve (12) and under eighteen (18) years of age.
Differences in other elements	1) The crime be committed by abuse of authority, confidence or relationship; and, 2) The offender has sexual intercourse with the woman.	1) The taking away of the offended party must be with her consent, after solicitation or cajolery from the offender, and, 2) The taking away of the offended party must be with lewd designs.

(Perez v. CA, G.R. No. L-80838, 29 November 1988)

For more information, see: Qualified Seduction

f. Acts of lasciviousness with the consent of the offended party

ELEMENTS:

1) The offender commits any other acts of lasciviousness; and,

2) It is committed by the same persons and the same circumstances as those provided in Articles 337 and 338.(Article 339, Act No. 3815, Revised Penal Code)

For more information, see: Acts of Lasciviousness with the Consent of the Offended Party

g. Corruption of minors

ELEMENTS:

1) The offender promotes or facilitates the prostitution or corruption of persons underage; and,

2) It is to satisfy the lust of another. (Article 340, Ibid.)

For more information, see: Corruption of Minors

h. White slave trade

ELEMENTS:

1) The offender engages in the business or shall profit by prostitution or shall enlist the services of any other for the purpose of prostitution; and,

2) It is committed in any manner, or under any pretext. (Article 341, Ibid.)

For more information, see: White Slave Trade

CHAPTER 4: ABDUCTION

i. Forcible abduction

ELEMENTS:

1) The victim is a woman, regardless of age, civil status, or reputation;

2) She is taken against her will; and,

3) The abduction was done with lewd designs. (People v. Villanueva, G.R. No. 230723, 13 February 2019)

a. COMPLEX CRIME

The crime is considered complexed by rape under Article 266-A of the RPC when the abductor has carnal knowledge of the abducted woman and there is (1) force or intimidation; (2) the woman is deprived of reason or otherwise unconscious; or (3) she is under 12 years of age or demented. (Ibid.)

For more information, see: Forcible Abduction