281 Other forms of trespass(trespass to prop)

Elements

- Offender enters the closed premises or fenced estate

o Premises-locality is fixed
- Uninhabited
- Prohibition to enter be manifest
- Trespasser has not secured the permission of the owner or the caretaker

282 Grave threats

3 ACTS

- Threatening another w/ the infliction(act done must be WRONG) upon his person, honor or propmm
o His family of any wrong amounting to a crime and
o Demanding money or imposing any other condition
 There is a demand for money
o Even though unlawful
o Offender attained his purpose
- Making such threat w/o offender attaining his purpose
- Threat not being subj to a condition
o Deliberate purpose of creating in the mind of the person threatened the belief that the threats will be
carried into effect
o Penalty fiexed arresto mayor

Penalty

- Attained his purpose->one degree lower of the penalty

- Does not-2 degrees lower

QC

- In writing or middleman

Essence-intimidation; promise of some future harm or injury->person, honor, prop

Consummated-threat comes to the knowledge of the person threatened

Robbery w/ intimidation-delivery of the money or other personal property

283 Light Threats

Elements

- Makes a threat to commit a wrong

- Wrong does not constitute a crime
- Demand for money or other condition is imposed even though not unlawful
- Offender has attained his purpose or has not attained his purpose

Diff w/ grave threats-WRONG threatened to be committed does not constitute a crime

Applicable-threat directed to a person who is absent

284 Bond for good behavior

- Threatens another under the circumstances mentioned in 282-283

- Applicable only to grave and light threats
- Fail to give bail sentenced to destierro
- May also be required-additional penalty
285 Other Light threats

Acts

- Threatening w/ a weapon or drawing such weapon in a quarrel UNLESS in lawful self defense
- Orally threatening anoter in the heat of anger w/ some harm constituting a crime; w/o persisting in the idea involved
in his threat
- Orally threatening to do another any harm not constituting a felony

NA

- No demand for money

- Nor condition

Ex:joke lng

286 Grave coercions

2 ways

- Preventing another, by means of violence, threats or intimidation from doing something not prohibited by
law(execution must not be prohibited by law)
- Elements
o Prevented another from doing something not prohited by law or compelled to do something against his will,
right or wrong
o Prevention be effected by violence, threat, or intimidation
o The restraint shall not be made under authority of law or in the exercise of any lawful right
 w/o authority of law
- Compelling another, by means of violence, threats or intimidation(would bump the car even if we would both die), to
do something against his will, whether it be right or wrong

Grave coercion-act of preventing by force must be made doing or about to do

Unjust vexation-already done when violence exerted

Surrounding complainant in a notoriously threatening attitude is sufficient

Force or violence-must be immediate, actual or imminent

NA-acts in GF

Purpose-no person may take the law into his hands, and that our govt is one of law, not of men

Ex:forcibly ejecting an occupant from the land or forcibly invading

Consummated-even if the offended party did not accede to the purpose of the coercion

Coercion-was compelled against her will Illegal detention-actual confinement or restraint in the
person

287 Light Coercions

Element

- Creditor
- Seizes anything belonging to his debtor
- Seizure of the thing be accomplished by means of violence or material force producing intimidation
o Physical violence need not be mployed; sufficient that the attitude is notoriously menacing
- Purpose-payment of the debt
NA- if holds it merely for security

Unjust vexation-taking possession of the thing belonging sa debtor thru deceit and misrepresentation

Unjust vexation-other light coercion

- Any human conduct although not productive of some physical or material harm
- But annoy or vex an innocent person
- Caused annoyance, irritation, vexation, torment, distress or disturbance to the mind
- Kissing a girl w/o lasciviousness
- No violence or intimidation
Grave coercion - Unjust vexation
Use of violence in preventing or compelling him to do - absence
something against his will
288 Other similar coercions

2 Acts

- any person, agent or officer of any assoc or corp

- employed laborers or employees
- forces or compels any of his laborers or es to purchase merchandise or commodities from or from firm or corp

Element no 2

- pays the wsages due sa er or es by means of tokens or objects

- these are other than the legal tender currency of the phil
- er-es does not espressly request that he be paid by means of tokens or objects

gr: wages paid in legal tender; other forms expressly prohibited

289 Formation, maintenance and prohibition of combination of capital or labor thru violence or threats

Elements

- offender employs threats or violence in a degree as to compel or force the laborers or employer in the free and legal
exercise of their industry or work
- purpose: organize, maintain or prevent coalitions of capital or labor, strikes of laborers or lockout of employees

the act should not be a more serious crime

Peaceful picketing-freedom of speech not prohibited

Punished under labor code-preventing employee from joining any registered labor org

290 Discovering secrets thru seizure of correspondence

Elements

- priv indv or PO not in the exercise of his function

- seizes the papers or letters of another
- purpose discover the secrets of another person
- offender informed of the contents of the papers or letters seized(to place in the control of someone a thing)

Consummated-even for a short time only

QC-reveals the contents to a 3rd person

NA

- parents
- guardians
 - custody of minors

230 290
PO comes to know the secrets of any priv indv by reason of Priv indv seizes the papers or letters of another to discvoer
his office the secrets of the latter
-not necessary that there be a secret; not necessary that it
be revealed

291 Revealing secrets w/ abuse of office

Elements

- manager, employee or servant

- leanrs the secrets of his principal or master in such capacity
- reveals such secrets

Learned by reason of their employment

Damage is not necessary

292 Revelation of industrial secrets

Elements

- person in charge, employee, or workman of a manufacturing or industrial establishment

- industrial establishment has a secret of industry which the offender has learned
o relate to manufacturing processes
- offender reveal such secrets
o revelation can be done even after dismissed
- prejudice is cause to the owner

293 Who are guilty of robbery

Definition

- taking of personal prop belonging to another w/o intent to gain, by means of violence against, or intimidation of any
person or using force upon anything

Classification of robbery

- Robbery w/ violence against or intimidation of persons=art 294,297,298)

- Robbery by the use of force upon things(art 299 and 302)

Elements of robbery in general

- Personal prop
- if real-crime is usurpation
- Belonging to another
o Does not belong sa offender
o Even if not the owner so long as in the POSSESSION
o Name of the owner essential-if homicide
- Unlawful taking of that prop
o Violence or intimidation-gains possession of the thing; even if no opportunity to dispose of the same
o Force upon things-taken out of the building
o Taking-depriving the offended party of ownership of the thing taken w/ the character of permanency
- w/ intent to gain
o presumed-unlawful taking of the personal prop
- violence, or intimidation of any person or ->present BEFORE the taking of personal prop XPN:violence results:
homicide, rape, intentional mutilation or SPI
 o violence-againsg ghe person of the offended party
o intimidation-need not be threat of bodily harm
- force upon anything
o enter a house or builidng

Prohibitive articles:opium pwedeng SM of robbery

294 Robbery w/ violence against or intimidation of persons

7 acts(SPECIAL COMPLEX CRIME)

- homicide
o victim was killed
o generic sense
o physical injuries, attempted absorbed
o QC of murder-generic aggravating circumstance
o Dapat intent to gain first then killing
o By reason-committed before or after taking of personal prop as long as the motive is to deprive the victim
of his personal prop ex: to do away a witness
o Kahit fellow robber yung pinatay or bystander
o Accomplice-complicity must accordingly be limited to the robbery not w/ the killing
o All who participated are PRINCIPALS
- Rape, intentional mutilation or arson
o Even if committed in another place
o Committed before taking of personal prop
o No robbery w/ attempted rape
o Additional rape will not increase the penalty
o Attaches civil liability
- Reason or occasion of PI
- “” loss
- Violence or intimidation employed to a degree clearly unnecessary
o Intimidation-inspire fear in the person against whom they are directed
- SPI
- Employs intimidation only

On the occasion or by reason of-bec of robbery

- Facilitate the robbery or escape of culprit

- Preserve the possession by the culprit of the loot
- Prevent discovery of the commission of the robbery
- Eliminate witnesses to commission of the crime
Threats to extort money - Robbery thru intimidation
Conditional or future - Actual and immediate
Intermediary - Personal
Intimidation refer person, honor or prop or family - Directed only to the person of the victim
Gain not immediate - immediate
Robbery w/ violence distinguished from grave coercion-diff sa intent

295 Robbery w/ PI committed in an uninhabited place, by a band. Or use of firearms on a street, road or alley

Qualified in violence against or intimidation of persons

- uninhabited place
- band
- attacking a moving train, street car, motor vehicle or airship
- entering passengers compartments in a train or taking the passengers surprise in the respective conveyance
 - street, road, highway, or alley and the intimidation is maed w/ the use of firearms

Qualifying-cannot be offset by generic mitigating circumstance

296 Robbery by a band

- at least 4 armed malefactors take part

o proof of conspiracy not necessary
- any of the arms used not licensed->maximum penalty
o robbery w/ homicide-licensed or unlicensed
- any member who was present at the commission of the article punished as PRINCIPAL unless attemted to prevent the
same
- w/o prejudice to the criminal liability

Req for liability

- member of the band

- present during the commission
o liable principal by inducement
- other members of the bank committed an assault
- he did not attempt to prevent the assault
o if not commited by a band, the robber who did not take part in the assault is not liable for that assault

No crime-robbery w/ homicide in band

Special aggravating circumstance of use of unlicensed firearm

297 Attempted and frustrated robbery

Penalty same-whether attempted or frustrated

Special complex crime-robbery w/ homicide and attemted or frustrated robbery w/ homicide

Slight physical injuries will be absorbed

298 Execution of deeds by means of violence or intimidation

Elements

- intent to defraud another

- compels him to sign, execute or deliver any PI or docu
o applicable even if private or commercial docu
o NA if docu void
- compulsion is y means of violence or intimidation

Coercion-violence or intimidation is used

Robbery by the use of force upon things:

299 Robbery in an inhabited house or public building or edifice devoted to worship

Elements

- inhabited place; public building; edifice devoted to religious worship

o house or building such as ship vessel even public building
o uninhabited-art 302
- entrance effected by any of the ff
o opening not intended for entrance or egress
 if door opened-theft
o breaking any wall, roof, or floor , or breaking any door or window
  breaking-force
 wall-outside wall
o using false keys, picklocks or similar tools
 False keys-genuine keys stolen from the owner; not taken by force
 False keys are for the mode of entering the house
 Theft-open wardrobe
o using any fictitious name or pretetnding the exercise of public authority
- once inside the building, offender took personal prop belonging to another w/ intent to gain

Entered; if inserted hand-theft

Evidence show that the accused entered the dwelling house

Robbery w/ force upon things under subdivision B

- breaking of doors, wardrobe, chests

- taking such furniture or objects away to be broken or forced open outside the place of robbery
- *theft if forced open outside the place of the robbery

Door-only doors, lids or opening sheets NA inside doors of house or building

Breaking a locked furniture-breaking the keyhole of the door of a wardrobe which is locked is breaking a locked furniture

To be broken or forced open outside-sealed box taken out not necessary that it is actually opened

Estafa or theft-not forced open in the building

Penalty for robbery depends sa value of the property

Heavier penalty on dwelling >uninhabited place=inhabitants might suffer bodily harm

300 Robbery in an uninhabited place

2 quali

- Uninhabited-public building, edifice, religious worship

- By a band

Qualified Robbery

Force upon things Violence against or intimidation of

persons
Uninhabited place AND Uninhabited OR band
Band

301 What is an inhabited house

Inhabited house-even if occupant was absent

- Controlling intended for dwelling

Dependencies-contiguous to the building, part of the whole

Ex:house, public building or religious worship

- NA:orchands and lands used for cultivation

302 Robbery in an

- UNINHABITED PLACE-not inhabited, public or devoted to religious worship

- PRIVATE BUILDING-structure used for storage or safekeeping
 - Circumstances
o Entrance effected not intended for egress
o Wall roof outside door broken
o False keys or picklocks
o Closed furniture or receptacle was broken
o Closed or sealed receptacle was removed
- Intent to gain took personal property

303 Robbery of cereals, fruits or firewood in uninhabited place or private building

Penalty->one degree lower

304 Possession of picklocks or other similar tools

- Picklocks specially adopted to the commission of robbery

- Does not have lawful cause for such possession
- Locksmith- penalty higher; same sa mere possession

305 False keys

- Genuine keys stolen from the owner

- Any other keys forcibly opened by offender

Brigandage

- More than 3 armed persons

- Form band of robbers
- To commit the crime in a highway
- Purpose of exortion or obtain ransom
- Attained by means of force and violence

Unlicensed firearm-presumed brigands

Reason:prevent formation of band of robbers

Brigandage Robbery in band

Purpose: Only to commit robbery
Commit robbery in highway
Kidnap persons for extortion or ransom
Means of force and violence
General robbery Particular robbery
Mere formation of a band Necessary to prove that the band actually committed
robbery; mere CONSPIRACY to commit robbery is not
punishable

307 Aiding and abetting a band of brigands

Elements

- Brigands
- Knows they are such
- Aids, abets or protects

308 Theft

The ff liable:

Elements

- Intent to gain
 o Presumed from the unlawful taking of personal prop belonging to another
o Not liable-if belived the personal prop to be his
o Actual gain not necessary-it is enough actuated by the desire or intent to gain
o Deliberate failure to deliver the lost prop to the prop person
- Without violence against or intimidation nor force upon things
- Take personal property of another
o Taking-taking away or carrying away of personal prop another is not required
 Complete-able to place the thing taken under his control and in such a situation as he could
dispose of it at once
 Asportation-full possession of the thing, even if he had not have an opportunity to dispose
o Personal prop-Electricity and GAS-capable of appropriation
- w/o latters consent
o even if the owner knew the taking, but he did not consent to it
o not liable if took prop w/o protest

Ff liabilities

- found lost property, fail to deliver to the local authorities or owner

- maliciously damaged the prop of another; remove or make use of the fruits or obj of the damage cause
- Enter an inclosed estate or a field where: trespass is forbidden or which belongs to another and w/o consent of the
owner;hunt or fish upon the same or gather fruits, cereals or other forest or farm products
o Trespass is forbidden
o Hunts or fishes
o w/o the consent of the owner
o Qualified theft-if fish is in fishpond

No crime of frustrated theft

- Unlawful taking or deemed complete from the moment the offender gainsspossession of the thing even if he had no
opportunity to dispose

Unlawful taking

- The transfer of physical possession

Robbery Theft
Tking against the will of the owner Suffice consent on the part of the owner is lacking

Presumption possession of stolen property

- Required that the prop be recently stolen

Liable

- Finder of lost prop retained part of it w/ intent to gain

How to prove this kind of theft

- Time of the seizure of the thing

- Lost prop belonging to another
- Accused having hhad the opportunity to return or deliver the lost prop to its owner or to the local authorities,
refrained from doing so

309 Penalties

Basis

- Value of the thing stolen

 - Value and nature of the prop taken
- Circumstances that impeeled the culprit to commit the crime

No evidence of the value of the prop

- Impose the minimum penalty

310 Qualified theft

- Domestic servant
- Grave abuse of confidence
o By reason of dependence, guardianship or vigilance
o Use of safe combination
o Teller-he has only physical not juridical sa money
o Confidence existing between the offended party
- Property stolen
o Motor vehicle
o Mail matter
 Regardless whether the offender is a postal emplouee or a private indv
o Large cattle
 The animal must be taken alive
 Several cows is only one crime
- Coconuts premises of a plantation
- Fish taken from the fishpond
- Occasion of fire, earthquake, typhoon, volcanic eruption

Penalty

- 2 degrees higher

Theft by housemate not always qualified

- Living together in the same house may be accidental and goods stolen might not have been entrusted to the custody
or vigilance of the accused

Theft by laborer is not qualified

- No relation of confidence and intimacy

- Liable for simple theft

311 Theft of the prop of National Library and National Museum

Penalty-fixed regardless of its value

USURPATION

312 Occupation of real prop or usurpation of real rights in property

2acts

- Taking possession of real prop means of violence against or intimidation of persons

- Usurping any real rights belonging anonther by means of violence against or intimidation of persons

Elements

- Takes possession of real prop or usurp real rights

- Belong to another
- Violence against or intimidation is used
o Absence of this is civil liability
o Required to be used as means
 - Intent to gain

313 Altering boundaries or landmarks

- Altering boundaries of towns, provinces or estates

o Alter-general and indefinite meaning
- Offender alters said boundary marks

314 Fraudulent insolvency

Elements

- Offender debtor oblig due

- Absconds his prop
o Abscond-does not require should depart and physically conceal his property
- Prejudice to his creditors

315 Swindling Estafa

Elements

- A)Abuse of confidence
o Unfaitfulness or abuse of confidence
 Deceit not an essential requisite
 Estafa with Unfaithfulness
 Onerous oblig to deliver something of value
o Still liable even if immoral or illegal consideration
 Substance, quality or quantity
o Substance-molasses to opium
o Quantity100 cavans of palay to 98 only
o Quality-first class rice to poor kind of rice
 Damage or prejudiced caused to another
 Estafa w/ abuse of confidence
 Money, goods, or other personal prop by offender in TRUST, on COMMISSION,
ADMINISTRATION
o RECEIVED by the offender
o Juridical possession-gives the transferee a right over the thing which the
transferee may set up even against the owner
o Under any other oblig-includes quasi-contracts
o Nature of a loan-failure to return It;owner not laible sa estafa
 Misappropriatation or conversion of such money(including checks) or prop by offender
o Converting-disposing of anothers prop as if it were the owner
 If pledge then sold- constitutes the crime
o Misapprop-to own, to take something for one’s own benefit
 Treasurer took the funds of the company replacing it w/ his personal
check
 Prejudice of another
o Whenever damages are caused as a consequence
 Demand made by the offended party to the offender
o Y required? Offender receives the thing from the offended party under a
lawful transaction
o In estafa by means of deceit-DEMAND NOT NECESSARy y? offender obtains
delivery of the thing wrongfully from the beginning
o Not necessary when there is evidence of misapprop of the goods by the
defendant
o Not necessary offender should obtain gain
o No Estafa thru negligence
 o Basis of penalty:amount not retuned
Estafa w/ abuse of confidence Theft
Juridical possession Material or physical possession of
the thing
Receives the thing Takes the thing

Abuse of confidence Malversation

Private Public fund or prop
PO not accountable for public A public offier accountable for public
funds or prop funds or prop
Misapprop, converting or denying Appropriating, taking, or
misappropriation

Estafa by taking undue advantage of the sig in blank

o Paper w/ the sig of the offended party in blank
o Should have delivered it to the offender
o Sig of the offended party a docu is written by the offender w/o authority to do so
o Docu creates liability causing damage to anoter
- B)Means of deceit
- Elements:
o By means of false pretenses or fraudulent acts
 False pretenses-the use of deceitful words
 Fraudulent acts-deceit consists in the use of deceitful words
o Fraudulent means
o Must be made prior to or simultaneously w/ the commission of the fraud
o Must have relied on the false pretense
 Offender must be able to obtain something from the offended party bec. Of the false pretense
 Executed either PRIOR TP or SIMULTENOUSLY w/ act of fraud
o Offended party suffered damaged
- 3 ways of committing Estafa by means of deceit
o Fictitious name
o Falsely pretending to possess:power; influence; quali; property; credit; agency; business or imaginary
transactions
o Means of other similar deceits
- Damage or prejudice capable of pecuniary estimation is caused to the offended party or 3rd person
o BASIS OF penalty-amount of the damage or prejudice

Estafa thru false pretense made in writing is only a simple crime of estafa, not a complex crime of estafa thru falsification

Estafaby postdating c check

- No funds in the bank or his funds deposited

- Check issued must be genuine and not falsified
- An oblig is contracted
- Bad check continuing crime

Estafa by obtaining food or accommodation at a hotel

- w/intent to defraud
- use of any false pretense
- by abandonging or surreptitiously removing any part of his baggage

Estafa by inducing another to sign any document

- induced to sign a docu

- deceit be employed
- personally signed the docu
 - prejudice be caused

Estafa by removing, concealing or destroying docu

- court record, office files

- RCD
- Intent to defraud another
Infidelity in the custody of the docu - Estafa rcd
-
PO entrusted w/ the docu - Private indv not entrusted
No intent to defraud - meron
Deceit and abuse of confidence may co exist

Complex crime of theft and estafa

- took the pawnshop tickets q/o the cconsent, redeeming the jewels using fictitious name

316 Other forms of swindling

- immovable
- offender who is not the owner of said prop should represent that he is the owner
- executed an act of ownership(selling,leasing, encumbering or mortgaging the real prop)
o existing real prop
- prejudice of 3rd person

- real prop
- encumbered
- express representation by is free from encumbrance
- to the damage of another

- offender owner of personal prop

- lawful possession of another
- wrongfully takes it from its lawful possessor
- prejudice of 3rd person

4) executing any fictitious contract to the prejudice of another

5)by accepting any compensation for services not rendered or for labor not performed

6) selling, mortgaging or encumbering real prp w/ which the offender guaranteed the fulfillment of his oblig as surety

317 Swindling a minor

- takes advantage of inexperience or emotions or feelings of a minor

- induces such minor: assume an oblig; to give release; execute a transfer of any prop right
- consideration: laon of money. Credit, or other personal prop
- detriment of such minor

318 Other deceits

- interpreting dreams, by making forecasts, telling fortunes any other for profit or gain

319 Removal, sale or pledge of mortgaged prop

- mortgage under chattel mortgage law

 - knows that such prop is so mortgaged
- removes such mortgaged personl prop to any province or city
- removal is permanent
- no written consent
*if not registered no violation of art 319

320 Destructive arson

Arson-malicious destruction of property by fire

May attempted, frustrated and consummated arson

- sa attempted not necessary that there be a fire

No complex crime of arson w/ homicide

Destructive arson Simple Arson

Heinous crime inherent or manifest wickedness Under PD 1613 lesser degree of perversity
Less significant social, economic, political and national
security

Malicious mischief

- willful damagaing of another’s property for the sake of causing damage due to hate, revenge or other evil motive

327 Who are liable for malicious mischief

Elements

- deliberately caused damage to the prop of another

- does not constitute arson or other crimes
- merely for the sake of damaging it
o due to hate, revenge or evil motive
o ex killing the cow of another
o damage-not only loss also diminution
o Applicable:reckless imprudence, negligence

328 Special cases of malicious mischief(Qualified)

- Causing damage to obstruct the performance of public functions

- Using poisonous or corrosive substance
- Spreading any infection or contagion among cattle
- Causing damage to the prop of the National Museum or National Library

329 Other mischiefs

- If not included in art 328 penalty accdg to the value of the damage caused

330 Damage and obstruction to means of communication

- Railway, telegraph or telephone lines->must pertain to a railway system

- Qualifed: causes accidents

332 Persons exempt from criminal liability

Xpn

- Theft
- Estafa
- Malicious
 - Applicable to simple crimes not complexed w/ another crime

Persons exempted

- Spouse, ascendants and descendants, relatives by affinity in te same line

o Pati stepfather adopted father, natural children, concubine, paramour, common law spouses
- Widowed spouse w/ respect to the prop which belonged to the deceased spouse before the same passed into the
possession of another
- Brothers and sisters pati in laws, if living together

Only criminal liability

Y may xpn?presumed co-ownership of the prop bet. Offender and offended party

NA sa strangers

CRIMES AGAINST CHASTITY

333 Who are guilty of adultery

Elements

- Woman is married
o Applicable even if subsequently declared void
 Y?until the marriage is declared to be null and void by competent authority in a final judgement,
offense to the vows taken and attack on the family exists
- Sexual intercourse not her husband
o Each sexual intercourse constitutes a crime of adultery
o Even if pardoned will not be exempted kasi only refers to previous and not to subsequent adulterous act
o Not a continuing offense
- The man must know her to be married

Essence of adultery: the violation of the marital vow

Gist of the crime

- Danger of introducing spurious heirs into the family, real rights of the real heirs may be impaired

Abandonment w/o justification is not exempting but only mitigating

- Both defendants entitled

Acquittal of one will not result sa acquittal of another

- No joint criminal intent

- Other insane
- No knowledge
- Death of another
- Left the country

Effect of pardon

- BEFORE the institioution of the criminal prosecution

- Offenders pardoned by offended party
- Implied: intercourse subsequent to adulterous conduct

334 Concubinage

- Keeping a mistress in the conjugal dwelling

o Home of the husband and wife
- Sexual intercourse under scandalous circumstaces
 o Redounds to the detriment of the feelings of honest persons
o Live in the same room
o Appear together in public
o Perform acts in isght of the community
o To prove witnesses of the people in the vicinity
- Cohabiting w/ her in any other place
- Man married
- She msut know him to be married

Married man not liable for concubinage for mere sexual relations w/ a woman not his wife dapat w/in specified acts

Y adultery more severly punished than concubinage

- Introduction of another man’s blood sa family offended husband may have another man’s son bearing his name and
receiving support from him

336 Acts of Lasciviousness

Elements

- Any act of lasciviousness of lewdness

o Lustful indecent, lecherous
- Against a person of EITHER SEX
- Force or intimidation
o Deprived of reason or unconscious
o Fraudulent machination or grave abuse of authority
o Under 12 or is demented
- Ex: a girl to dance naked before a group of men;embracing, kissing and holding girls breast
Acts of lasciviousness - Attempted rape
- Clearly indicate that his purpose was to lie
Lascivious acts final objective - Preparatory acts
Acts of lasciviousness-desistance in the commission of attempted rape

NA-attempted or frustrated crime of acts of lasciviousness

337 Qualified Seduction

2 classes

- Seduction of a virgin over 12 years and under 18 years of age by certain persons such as persons in authority, priest
teacher
- Elements
o Virgin-unmarried goodreputation
 Virginity-not physically virgin; virtuous woman of good reputation
o 12-18
 Virginity is presumed
o Sexual intercourse
 Even if done W/ HER CONSENT
o Abuse of authority, confidence or relationship on the part of the offender
 Abuse of authority-public authority, guardia, teacher
 Abused confidence-pries house servant domestic(living under the same roof; same house)
 Abused their relationship-brother who seduced sister; ascendant who seduced his descendant
- Seduction of a sister by her brother or descendant by her ascendant regardless of her age or reputation
- Deceit is not an element

388 Simple Seduction

Elements
 - 12-18
- Good reputation, single or widow
o Virginity not required
- Sexual intercourse
- By means of deceit
o Promised to marry her

Purpose of the law

- To punish the seducer who by means of a promise of marriage destroys the chastity of an unmarried female of chaste
character

339 Acts of Lasciviousness w/ consent of the offended party

Elements

- Commits acts of lasciviousness or lewdness

- Virgin or widow of good reputation 12-18; sister or descendant regardless of her reputation or age
- Abuse of authority confidence, relationship or deceit

Male cannot be the offended party

336 339
Acts had there been carnal knowledge would amount to Would amount to qualified seduction or simple seduction
rape

340 Corruption of minors

- Promote or facilitate prosti

- Corruption of persons under age

341 White slave trade

3 acts

- Engagning in the business of prosti

- Profiting by prosti
- Enslisting the services of women for the purpose of prosti

342 Forcible abduction

- Abducted ANY WOMAN regardless of age, civil status or reputation

o If 12 even if w/ consent
- Against her will
- Lewd designs
o Conduct of the acused
o Marriage by force
o Husband NA
o Difference sa coercion no lewd desing but may violence or intimidation

Taking her away-by means of deceit and then violence and intimidation

No complex crime of forcible abduction w/ attempted rape-absorbed

343 Consented abduction

Elements

- Virgin
- 12-18t
 - Taking away w/ her consent after solicitation or cajolery
o The taking need not be permanent
- w/ lewd designs
o no need ng actual sex

Purpose:to prescribe punishment for the disgrace to her family and the alarm caused by the disappearance of one by her age
and sex susceptible to cajolery and deceit.

If female voluntarily leaves-no crime committed

344 Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness

2 acts

- Offended spouse-adultery and concubinage

o To institute criminal prosecution- include BOTH guilty parties of BOTH alive
o Still both included-even if one of them is not guilty
o Pardon may:
 Express or impled
 Bar other prosecution
 Done BEFORE the institution of criminal action
 Parents cannot validly pardon the offenders
- Offended party, pparents, grandparents or guardians-seduction, abduction, rape or acts of lasciviousness
o Even if minor may right to institute an action
 Unless incompetent
 If minor does not file, this may be done by the list in ORDER named
o Guardian-legal guardian
o Pardon-the parent cannot validly grant dapat concur yung girl
 Xpn:minor may pardon even if minor if parents dead
o ACTUAL marriage may extinguish such liability

345 Civil liability of persons guilty of crimes against chastity

Only applicable:rape, seduction, abduction, adulterer and concubine; NA lasciviousness

- Indemnify the offended woman

o Y sa adultery and concubinage lng?acknowledgement of the offspring is not legally possible, bec. Children
born of parents whou could marry at the time of conception may be acknowledged
- Acknowledge the offspring
o Unless the law should prevent him from doing so
 If married man only support
- Support the offspring

346 Liability of ascendants, guardians, teachers entrusted w. custody of the offended party

- Cooperate as accomplices but are punished as principals in rape, seduction, abduction etc

347 Simulation of births, substi of one child for another, concealment or abandonment of a leg

3 acts

- Simulation of births
o Pretends to be pregnantl supposed delivery takes the child of another as her own
o It is a crime bec. Alters the civil status of a person
- Substi of one child for another
- Concealing or abandoning any legitimate child w/ intent to cause such child to lose its civil status
o Concealing of leg child-must be w/ intent to cause such child to lose its civil status

Object-creation of a false civil status

384 Usurpation of civil status

- Represents himself to be another and assumes the filiation or the parental or conjurgal rights of such another person
- Civil status-includes one’s profession
- Intent to enjoy the rights arising from the civil status of another

349 Bigamy

Elements

- Legally married
- Not legally dissolved or spouse is absent not yet presumed dead
o Even if first marriage is void is not a defense
 Y?the parties to a marriage should not be allowed to assume that their marriage is void
 Subsequent judicial declaration immaterial
 Defense-marriage had been dissolved by lawful process before the seond marriage was
contracted
- Contracts second or subsequent marriage
- The second marriage has all the essential requisites
o Second spouse not laible for bigamy

Convictrd of bigamy may still be prosecuted for concubinage

350 Marriage contracted against provisions of laws

Elements

- Offender contracted marriage

- Knew that the requirements were not complied
- Disregard of legal impediment

351 Premature marriages

- Widow who married w/in 301 days from the date of death of her husband or before having delivered at the time of
his death
- Marriage having been annulled or dissolved 301 days after the date of legal separation

Reason for 301 days

- Ordinary duration of the pregnanacy of the woman in 9 mos

- Y required? Prevent confusion in connection of filiation and paternity

IF sterile-NA

301 applied if woman not pregnant

352 Performance of illegal marriage ceremony

- Authorized to solemnize marriages

- Presupposes that the priest or minister or civil authority is authorized to solemnize marriages