POINTERS IN CRIMINAL LAW 2
By: Atty. Michell Guarino
Crimes Against Chastity (Art. 333-346)
Private Crimes – the crimes of adultery, concubinage, seduction, abduction
and acts of lasciviousness are the so-called private crimes. They cannot be
prosecuted except upon the complaint initiated by the offended party.
Adultery (Art. 333) – woman is married and she had sexual intercourse with a
man not her husband and the man must know her to be married.
Concubinage (Art. 334)
Punishable Acts
1. Keeping a mistress in the conjugal dwelling
2. Having sexual intercourse, under scandalous circumstances, with a
woman not his wife
3. Cohabiting with her in any other place
Acts of Lasciviousness (Art. 336) – offender commits any act of
lasciviousness or lewdness and is committed against a person of either sex. It
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
c. By means of fraudulent machination or grave abuse of authority
d. When the offended party is under 12 years of age or is demented
NOTE: The offense is committed under circumstances which, had there been
carnal knowledge, would amount to rape. Offended party is a female or male.
Acts of Lasciviousness Attempted Rape
Purpose is only to commit acts of Purpose is to lie with the offended
lewdness woman
Lascivious acts are themselves the Lascivious acts are but the
final objective sought by the preparatory acts to the commission
offender of rape
Seduction – is committed by enticing a woman to unlawful sexual intercourse
by promise of marriage or other means of persuasion without use of force.
Qualified Seduction (Art. 337)
Acts which constitutes Qualified Seduction
1. Seduction of a virgin over 12 years and under 18 years of age by certain
persons, such as, a person in authority, priest, teacher, guardian, person
who is entrusted with the education or custody of the woman seduced;
and
Elements
a. Offended party is a virgin which is presumed if she is unmarried and
of good reputation
b. She is over 12 and under 18 years of age
c. Offender had sexual intercourse with her
d. There is abuse of authority, confidence or relationship on the part of
the offender
2. Seduction of a sister by her brother, or descendant by her ascendant,
regardless of her age or reputation
NOTE: In this case, it is not necessary that the offended party is still a
virgin.
Virginity – for purposes of qualified seduction, it does not mean physical
virginity. It refers to a woman of chaste character or virtuous woman of good
reputation.
Simple Seduction (Art. 338) – offended party is over 12 and under 18 years of
age and she must be of good reputation, single or widow but had sexual
intercourse with the offender through deceit.
Abduction – is the taking away of a woman from her house or the place where
she may be for the purpose of carrying her to another place with intent to
marry or to corrupt her.
Kinds of Abduction
1. Forcible Abduction (Art. 342)
2. Consented Abduction (Art. 343)
Forcible Abduction (Art. 342) – woman, regardless of her age, civil status, or
reputation, is abducted against her will and with lewd designs
NOTE: If the female abducted is under 12 years of age, the crime is forcible
abduction, even if she voluntarily goes with her abductor.
Consented Abduction (Art. 343) – abduction of a virgin over 12 and under 18
years of age, carried out with her consent and with lewd designs
Crimes Against Civil Status (Art. 347-352)
Illegal marriage - Illegal marriage includes also such other marriages
which are performed without complying with the requirements of law, or
marriages where the consent of the other is vitiated, or such marriage
which was solemnized by one who is not authorized to solemnize the same.
Bigamy (Art. 349) – offender has been legally married and the said 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 New Civil Code
and he contracts a second or subsequent marriage wherein the second
marriage has all the essential requisites for its validity.
Crimes Against Honor (Art. 353-364)
Libel (Art. 353) - is a public and malicious imputation of a crime, or of a vice
or defect, real or imaginary, or any act, omission, condition, status, or
circumstance tending to cause the dishonor, discredit, or contempt of a natural
or juridical person, or to blacken the memory of one who is dead.
It is committed by means of writing, printing, lithography, engraving, radio
pornography, printing, or any other similar means. There must be some
communication of the defamatory matter to some 3rd persons.
Who are liable for libel?
a. Any person who shall publish, exhibit or cause the publication or
exhibition of any defamation in writing or by similar means
b. The author or editor of a book or pamphlet, or the editor or business
manager o a daily newspaper, magazine or serial publication, for
defamation contained therein to the same extent as if he were the author
thereof.
Defamation - public and malicious imputation calculated to cause dishonor,
discredit, or contempt upon the offended party.
Slander/Oral Defamation (Art. 358)
Kinds:
1. Simple Slander
2. Grave Slander, when it is of serious and insulting nature
Slander by Deed (Art. 359) - is a crime against honor which is committed by
performing any act which casts dishonor, discredit, or contempt upon another
person.
Eg. (1) Pointing a dirty finger;
(2) Pushing or slapping someone or spitting on someone in order to cause
shame or ridicule
Incriminating Innocent Person (Art. 363) – offender performs an act in
which he directly incriminates or imputes to an innocent person the
commission of a crime and such act does not constitute perjury.
NOTE: The crime of incriminatory machinations is limited to planting evidence
and the like, which tend directly to cause false prosecution.
Intriguing Against Honor (Art. 364) - any scheme or plot by means which
consists of some trickery. It is referred to as gossiping: the offender, without
ascertaining the truth of a defamatory utterance, repeats the same and pass it
on to another, to the damage of the offended party.
Any person who shall make any intrigue which has for its principal purpose to
blemish the honor or reputation of another person.
Criminal Negligence (Art. 365)
Punishable Acts
1. Committing through reckless imprudence any act which, had it been
intentional, would constitute a grave or less grave felony or light felony
2. Committing through simple imprudence or negligence an act which
would otherwise constitute a grave or less grave felony
3. Causing damage to the property of another through reckless imprudence
or simple imprudence or negligence
4. Causing through simple imprudence or negligence some wrong which, if
done maliciously, would have constituted a light felony.
NOTE: Imprudence or negligence is not a crime itself. It is simply a way of
committing a crime.
Imprudence – indicates a deficiency of action; failure in precaution.
Negligence – indicates a deficiency of perception; failure in advertence.
Elements of Reckless Imprudence
1. Offender does or fails to do an act
2. The doing of or the failure to do that act is voluntary
3. It be without malice
4. Material damage results
5. There is an inexcusable lack of precaution on the part of the person
performing or failing to perform such act taken into consideration:
a. Employment or corruption
b. Degree of intelligence
c. Physical condition
d. Other circumstances regarding persons, time and place
Elements of Simple Imprudence
1. There is lack of precaution on the part of the offender
2. Damage impending to be caused is not immediate nor the danger clearly
manifested
