Module 2.10: Crimes Against Chastity

1. Learning Objectives

Understand the distinction between crimes against chastity and crimes against persons after RA 8353.
Differentiate the elements and penalties of Adultery and Concubinage.
Identify the key elements of Acts of Lasciviousness, Seduction, and Abduction.
Recognize the persons liable and the conditions for prosecution in private crimes against chastity.
Correlate the provisions of the Revised Penal Code on chastity with relevant special laws like RA 9262, RA 7610, and RA 11313.

2. IMPORTANT NOTE: Effect of RA 8353 (Anti-Rape Law of 1997)

The enactment of Republic Act No. 8353, the "Anti-Rape Law of 1997," fundamentally reclassified the crime of Rape.

Rape is no longer a Crime Against Chastity. It is now considered a Crime Against Persons. This is a crucial shift, recognizing that rape is an act of violence and an affront to the personhood of the victim, not merely their purity.
The amendment transferred the provisions on Rape from Title Eleven (Crimes Against Chastity) to Title Eight (Crimes Against Persons) of the Revised Penal Code.
While Rape was the primary crime under this title, several other crimes against chastity remain in force under the Revised Penal Code.

3. ADULTERY (Art. 333)

Definition: Adultery is committed by a married woman who has 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 is subsequently declared void.
Elements:
1. The woman is legally married.
2. She has sexual intercourse with a man not her husband.
3. The man who has intercourse with her knows that she is married.
Who Can File: Only the offended husband can file the complaint. This is a private crime.
Both Parties Charged: The criminal prosecution must be instituted against both guilty parties (the wife and her paramour), if both are alive.
Pardon: The pardon of the offended party must be extended to both offenders. If the husband consents to or pardons the offenders, the criminal action cannot be initiated or pursued.

4. CONCUBINAGE (Art. 334)

Definition: Concubinage is committed by a husband who:
1. Keeps a mistress in the conjugal dwelling.
2. Has sexual intercourse with a woman not his wife under scandalous circumstances.
3. Cohabits with her in any other place.
Elements (depending on the modality):
- Keeps a mistress in the conjugal dwelling:
  1. The man is married.
  2. He keeps a mistress (a woman not his wife).
  3. The keeping of the mistress is done in the conjugal dwelling.
- Scandalous Circumstances:
  1. The man is married.
  2. He has sexual intercourse with a woman not his wife.
  3. The sexual intercourse is committed under scandalous circumstances.
- Cohabitation:
  1. The man is married.
  2. He cohabits (lives together as husband and wife) with a woman not his wife.
  3. The cohabitation takes place in any other place (not the conjugal dwelling).
Distinction from Adultery: Proof of a single act of sexual intercourse is sufficient to prove adultery, but not necessarily concubinage. Concubinage requires specific conditions (keeping a mistress, scandal, or cohabitation) and is generally harder to prove.
Penalties: The penalty for the husband is lower than the penalty for the guilty wife in adultery. The concubine's penalty is only destierro, while the paramour in adultery receives the same penalty as the wife.

5. ACTS OF LASCIVIOUSNESS (Art. 336)

Definition: Acts of lasciviousness are committed by any person who, under any of the circumstances of rape, shall commit any act of lasciviousness upon another person of either sex.
Elements:
1. The offender commits any act of lasciviousness or lewdness.
2. The act is done against the will of the victim OR when the victim is deprived of reason or is otherwise unconscious, or is under 12 years of age.
3. The act is not rape (i.e., no carnal knowledge).
Distinction from Attempted Rape: In acts of lasciviousness, the offender's intent is limited to the lewd act itself. In attempted rape, the offender's intent is to have carnal knowledge, but fails to perform all acts of execution. The intent is the key distinction.
RA 7610 Application: If the victim is a child under 12, the crime is always acts of lasciviousness, even if there is no force or intimidation, because a child of this age cannot give consent. This may also be prosecuted under RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) which provides for higher penalties.

6. QUALIFIED SEDUCTION (Art. 337)

Definition: The seduction of a virgin over twelve and under eighteen years of age, committed by any person in public authority, priest, house-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced.
Elements:
1. The victim is a virgin.
2. The victim is over 12 but under 18 years of age.
3. The offender has sexual intercourse with the victim.
4. The offender holds a position of authority, trust, or confidence over the victim.
5. The offender abuses such authority or confidence in committing the act.
Who can commit: The list is specific (e.g., priest, teacher, guardian). The relationship of trust is the qualifying circumstance.

7. SIMPLE SEDUCTION (Art. 338)

Definition: 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.
Elements:
1. The victim is a single woman or a widow of good reputation.
2. She is over 12 but under 18 years of age.
3. The offender has sexual intercourse with her.
4. The act is committed through deceit (e.g., promise of marriage, fraudulent machination).
Deceit as an Element: The essential element is deceit (engaño). Without it, the crime is not committed. The deceit must be the primary reason the victim yielded.

8. ACTS OF LASCIVIOUSNESS WITH CONSENT (Art. 339)

This article penalizes acts of lasciviousness committed by the same persons and under the same circumstances as those of seduction (both qualified and simple). The key difference is that instead of sexual intercourse, the offender performs acts of lasciviousness.

9. CORRUPTION OF MINORS (Art. 340)

This crime is committed by anyone who shall promote or facilitate the prostitution or corruption of persons under age to satisfy the lust of another. This involves a third party who acts as a pimp or go-between.

10. WHITE SLAVE TRADE (Art. 341)

The acts penalized under this article, which involve engaging or recruiting women for prostitution, are now principally governed by RA 9208 (Anti-Trafficking in Persons Act of 2003), as amended by RA 10364. This special law provides a more comprehensive framework and stiffer penalties against human trafficking.

11. FORCIBLE ABDUCTION (Art. 342)

Definition: The abduction of any woman from her house or the place where she may be, against her will and with lewd designs.
Elements:
1. The person abducted is a woman.
2. The abduction is against her will.
3. The abduction is done with lewd designs (intent to gratify lust).
Note: If the purpose is not lewd, the crime may be illegal detention.

12. CONSENTED ABDUCTION (Art. 343)

Definition: The abduction of a virgin over twelve and under eighteen years of age, carried out with her consent and with lewd designs.
Elements:
1. The victim is a virgin.
2. She is over 12 but under 18 years of age.
3. She consents to the abduction.
4. The act is done with lewd designs.

13. Special Laws Related

It is crucial to be familiar with special laws that overlap with or have superseded provisions on crimes against chastity:

RA 9262 (Anti-Violence Against Women and Their Children Act of 2005): Defines various forms of abuse (physical, sexual, psychological, economic) and provides protection orders. Many acts penalized under crimes against chastity can constitute sexual violence under VAWC if committed in the context of an intimate relationship.
RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act): Provides higher penalties for crimes committed against children, including acts of lasciviousness and sexual abuse.
RA 9208 (Anti-Trafficking in Persons Act of 2003): The primary law penalizing human trafficking, absorbing the crime of "White Slave Trade."
RA 11313 (Safe Spaces Act or "Bawal Bastos" Law): Penalizes gender-based sexual harassment in streets, public spaces, online, workplaces, and educational institutions. It covers acts like catcalling, wolf-whistling, and other non-consensual acts that may not fall under traditional RPC definitions.

14. Comparison Table: Adultery vs. Concubinage

Basis	Adultery (Art. 333)	Concubinage (Art. 334)
Offender	A married woman and the man who has sex with her.	A married man and his concubine.
Act Penalized	A single act of sexual intercourse is sufficient.	Requires a specific condition: (1) keeping a mistress in the conjugal dwelling, (2) scandalous circumstances, or (3) cohabitation elsewhere.
Prosecution	Must be filed by the offended husband.	Must be filed by the offended wife.
Parties Charged	Both the wife and her paramour must be charged.	Both the husband and his concubine must be charged.
Penalty	Prision correccional in its medium and maximum periods.	Prision correccional in its minimum and medium periods for the husband; Destierro for the concubine.
Burden of Proof	Proving one act of carnal knowledge is enough.	Generally harder to prove due to the specific modalities required.

15. Practice Questions

A, a married woman, had sexual intercourse with B, a man who knew of her marital status. Who is liable for adultery? a) Only A b) Only B c) Both A and B d) Neither, if the husband consents
Under RA 8353, the crime of rape was reclassified as a: a) Crime Against Chastity b) Crime Against Persons c) Crime Against Public Order d) Crime Against Civil Status
Which of the following is NOT a way of committing concubinage? a) Keeping a mistress in the conjugal dwelling. b) Having a "one-night stand" with another woman without scandal. c) Having sexual intercourse with a woman not his wife under scandalous circumstances. d) Cohabiting with a woman not his wife in another place.
The offended party in the crime of adultery is the: a) State b) Offended husband c) Parents of the wife d) Offended wife
What is the essential element that distinguishes simple seduction from other crimes? a) Use of force b. Abuse of confidence c) Deceit (engaño) d) The victim is a minor
The penalty for the concubine in the crime of concubinage is: a) Reclusion perpetua b) The same penalty as the husband c) Prision mayor d) Destierro
Acts of lasciviousness are committed under the same circumstances as: a) Seduction b) Abduction c) Rape d) Adultery
Forcible abduction requires that the act be committed against the woman's will and with what design? a) Intent to kill b) Intent to gain c) Lewd designs d) To detain her illegally
Which of the following special laws absorbed the crime of "White Slave Trade"? a) RA 9262 (VAWC) b) RA 7610 (Child Abuse Law) c) RA 11313 (Safe Spaces Act) d) RA 9208 (Anti-Trafficking in Persons Act)
In consented abduction, the age of the virgin must be: a) Under 12 b) Over 12 and under 18 c) Exactly 18 d) Any age, as long as she is a virgin
What is the key difference between attempted rape and acts of lasciviousness? a) The age of the victim b) The penalty c) The intent of the offender d) The weapon used
The crime of Qualified Seduction is committed by a person in authority who abuses the victim's: a) Finances b) Trust or confidence c) Public image d) None of the above
The offended wife in concubinage can file a complaint against: a) Only her husband b) Only the concubine c) Both her husband and the concubine d) The parents of the concubine
For adultery to be prosecuted, the complaint must be filed by: a) The police, motu proprio b) The fiscal or prosecutor c) The offended husband d) Any relative of the husband
Catcalling and wolf-whistling in public spaces are primarily penalized under what law? a) The Revised Penal Code b) RA 9262 (VAWC) c) RA 11313 (Safe Spaces Act) d) Local ordinances only
In Adultery, the pardon of the offended husband must be extended to: a) Only his wife b) Only the paramour c) Both his wife and the paramour d) The pardon is not a bar to prosecution
To convict for concubinage by "scandalous circumstances," the prosecution must prove that the sexual act was: a) Done in public b) Known to the community c) Committed in a way that creates public outrage or shock d) Filmed and uploaded online
What is the main legal difference between forcible abduction and consented abduction? a) The presence of lewd design b) The will or consent of the woman c) The age of the woman d) The place of the abduction
If a teacher has sexual intercourse with his 17-year-old virgin student by abusing his position, the crime is: a) Simple Seduction b) Qualified Seduction c) Rape d) Acts of Lasciviousness
A married man brings his mistress to live in the house he shares with his wife. What crime is committed? a) Adultery b) Concubinage c) Bigamy d) Unjust Vexation

Answer Key

C) Both A and B. In adultery, the law requires that both the married woman and her paramour (who knows she is married) are prosecuted together.
B) Crime Against Persons. RA 8353 recognized rape as a crime against the person, not merely against their chastity.
B) Having a "one-night stand" with another woman without scandal. This act, by itself, does not fit any of the three modalities of concubinage.
B) Offended husband. Adultery is a private crime, and only the offended husband has the legal standing to initiate the case.
C) Deceit (engaño). Deceit, such as a false promise of marriage, is the core element of simple seduction that entices the woman to yield.
D) Destierro. The penalty for the concubine is destierro, which is a form of banishment, not imprisonment.
C) Rape. Acts of lasciviousness are defined as lewd acts committed under any of the circumstances where rape would be committed, but without carnal knowledge.
C) Lewd designs. The motivation for forcible abduction must be sexual in nature.
D) RA 9208 (Anti-Trafficking in Persons Act). This comprehensive law now covers the acts previously penalized as white slave trade.
B) Over 12 and under 18. This specific age bracket is a key element of consented abduction.
C) The intent of the offender. In attempted rape, the goal is carnal knowledge. In acts of lasciviousness, the goal is only the lewd act itself.
B) Trust or confidence. The crime is qualified because the offender abuses a position of authority or trust.
C) Both her husband and the concubine. Similar to adultery, the case must be filed against both parties.
C) The offended husband. As a private crime, the right to prosecute belongs exclusively to the offended spouse.
C) RA 11313 (Safe Spaces Act). This law specifically addresses gender-based sexual harassment in public and online spaces.
C) Both his wife and the paramour. If the offended party pardons one, he must pardon both. A pardon to only one is not valid.
C) Committed in a way that creates public outrage or shock. "Scandalous circumstances" means the act was done in a manner that offends public decency.
B) The will or consent of the woman. The voluntariness of the woman's participation is the primary distinction.
B) Qualified Seduction. The offender is a teacher who abused his position of trust over a virgin student within the specified age range.
B) Concubinage. This falls under the first modality of concubinage: keeping a mistress in the conjugal dwelling.