TITLE X. CRIMES AGAINST PROPERTY 1. Who are guilty of robbery (Art 293)
XI. CRIMES AGAINST CHASTITY CRIMINAL LAW II
10. ARTICLE 343. CONSENTED ABDUCTION
consummated, hence, forcible abduction can only be attached to the first act of rape, detached from the 3 subsequent acts of rape.
3. People v. Alburo
The accused and 2 other men raped the victim. The victim was a jeepney passenger who was prevented from leaving the jeepney. She was taken to a remote place where she was raped.
HELD: The accused is guilty of FORCIBLE ABDUCTION WITH RAPE. It was proven that the victim was taken against her will and with lewd design, and was subsequently forced to submit to the accused’s lust, rendering her unconscious in the process.
Forcible abduction with rape distinguished from kidnapping (with rape)
Forcible Abduction with Rape
Kidnapping (with rape)
The violent taking of the woman is motivated by lewd designs.
Not so motivated
Crime against chastity
Crime against liberty
Ø There can only be one complex crime of forcible abduction with rape.
4. People v. Godines
The victim witnessed the killing of another by the 2 accused. Upon seeing her, the accused dragged her to a vacant lot where they took turns in raping her.
TC convicted them of rape.
HELD: FORCIBLE ABDUCTION is absorbed in the crime of RAPE if the main objective is to rape the victim.
Ø Conviction of acts of lasciviousness is not a bar to conviction of forcible abduction.
J. Consented Abduction
Ø What is the purpose of the law?
o To prescribe punishment for the disgrace to her family and the alarm caused by the disappearance of one who is, by her age and sex, susceptible to cajolery and deceit.
Ø If the virgin is under 12 or is deprived of reason, the crime is forcible abduction because such is incapable of giving a valid consent.
Ø The taking away of the girl need not be with some character of permanence.
Ø Offended party need not be taken from her house.
Ø 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.
K. Prosecution of private offenses (adultery, concubinage, seduction, abduction, and acts of lasciviousness) Ø Who may file the complaint?
o Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse.
1. Pilapil v. Ibay-Somera
A foreigner, married to a Filipina, was able to obtain a decree of divorce in another country against the latter. After the issuance of the decree of divorce, the foreigner filed 2 complaints of adultery against the accused.
HELD: The person who initiates an ADULTERY / CONCUBINAGE case must be an offended spouse, and by this is meant that he is still married to the accused
10. ARTICLE 343. CONSENTED ABDUCTION
Elements:
1) Offended party is a virgin;
2) She is over 12 and under 18 yrs.
of age;
3) Offender takes her away with her consent, after solicitation or cajolery from the offender;
4) The taking away is with lewd designs.
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XI. CRIMES AGAINST CHASTITY CRIMINAL LAW II
spouse, at the time of the filing of the complaint.
o Seduction, abduction, or acts of lasciviousness must be prosecuted upon complaint signed by--
2) offended party 3) her parents 4) grandparents, or
5) guardians, in the order in which they are named above.
Ø The court motu proprio can dismiss the case for failure of the aggrieved party to file the proper complaint even if the accused never raised the question on appeal.
Ø Crimes against chastity cannot be prosecuted de oficio.
Adultery and Concubinage
Ø The offended party cannot institute criminal prosecution without including BOTH the guilty parties if they are alive.
Ø Consent and pardon bar the filing of a criminal complaint.
Ø The imputation of a crime of prostitution against a woman can prosecuted de oficio.
Ø Both parties must be included in the complaint even if one of them is not guilty.
Ø Prosecution of rape may be made upon complaint by any person.
Ø When the offended party is a minor, her parents may file the complaint.
Ø When the offended party is of age and is in complete possession of her mental and physical faculties, she alone can file the complaint.
Ø The term “guardian” refers to legal guardian.
Ø The complaint must be filed in court, not with the fiscal.
Ø In case of complex crimes, where one of the component offenses is a public crime, the criminal prosecution may be instituted by the fiscal.
Effect of Pardon:
Ø Pardon of the offenders by the offended party is a bar to prosecution for adultery or concubinage.
Ø Pardon must exist before the institution of the criminal action.
Ø Both offenders must be pardoned by the offended party.
Ø Delay in the filing of complaint, if satisfactorily explained, does not indicate pardon.
Ø Condonation or forgiveness of one act of adultery or concubinage is not a bar to prosecution of similar acts that may be committed by the offender in the future.
Consent:
Ø may be express or implied
Ø given before the adultery or concubinage was committed
Ø Agreement to live separately may be evidence of consent.
Ø Affidavit showing consent may be a basis for new trial.
Seduction, abduction, acts of lasciviousness
Ø Must be prosecuted upon the complaint signed by:
1) offended party i. even if a minor
ii. of legal age and not incapacitated, only she can file the complaint
iii. minor or incapacitated and refuses to file, either of the following persons may file 2) either of the parents
3) either of the grandparents, paternal or maternal side 4) legal or judicial guardians 5) the State as parens patriae
when the offended party dies or becomes incapacitated before she could file the complaint and has no known parents, grandparents, or guardians
Effect of Pardon:
Ø Offended party cannot institute criminal proceedings if the offender has been EXPRESSLY pardoned by the offended party, or her parents, grandparents or guardian.
Ø Pardon by the parent, grandparent, or guardian must be accompanied by the express pardon of the offended woman.
Ø 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.
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XI. CRIMES AGAINST CHASTITY CRIMINAL LAW II
Ø Pardon by the offended party who is a minor must have the concurrence of parents, EXCEPT when the offended party has no parents.
Ø When the offended party is a minor, her parents may file the complaint.
Ø Offended party is of age and is in complete possession of her mental and physical faculties, she alone can file the complaint.
Ø The guardian must be legally appointed by the court.
Ø Rape complexed with another crime against chastity need NOT be signed by the offended woman, since rape is a public crime.
Ø 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.
Ø 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.
Ø Marriage (in cases of seduction, abduction, and acts of lasciviousness) extinguishes the criminal action even as to co-principals, accomplices, and accessories.
Ø Marriage must be entered into in good faith.
Ø Marriage may take place AFTER criminal proceedings have commenced, or even after conviction (extinguishes criminal action and remits penalty).
L. Civil Liability of Persons Guilty of Crimes Against Chastity
Civil liability of persons guilty of rape, seduction or abduction:
1) To indemnify the offended woman 2) To acknowledge the offspring, unless
the law should prevent him from doing so
3) In every case to support the offspring, EXCEPT:
i. in cases of adultery and concubinage
ii. where either of the offended party or accused is married
iii. when paternity cannot be determined, such as in multiple rape
iv. other instances where the law prevents such
Ø The adulterer and the concubine can be sentenced only to indemnify for damages caused to the offended spouse.
Ø Under the RPC, there is no civil liability for acts of lasciviousness.
Ø Art. 2219, CC: moral damages may be recovered in seduction, abduction, rape, or other lascivious acts, as well as in adultery and concubinage.
Ø The parents of the female seduced, abducted, raped, or abused may also recover moral damages.
Ø In multiple rape, all the offenders must support the offspring.
Ø Art. 283 (1), CC: 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.
Ø In rape of a married woman, only indemnity is allowed.
M. Liability of ascendants, guardians, teachers 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, etc. (see list below for the complete set of crimes referred to in this article):
1) ascendants 2) guardians 3) curators 4) teachers, and
5) any other person, who cooperate as accomplice with abuse of authority or confidential relationship
Ø The teachers or persons entrusted with education and guidance of the youth shall also be penalized with disqualification.
“Crimes embraced in the 2nd, 3rd, & 4th of this title”:
1) rape
2) acts of lasciviousness 3) qualified seduction 4) simple seduction
5) acts of lasciviousness with consent of the offended party
6) corruption of minors 7) white slave trade 8) forcible abduction 9) consented abduction
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