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Art. 333 Adultery Art.

334
Who: Offender 1. Any legally married woman AND 1. Any legally married man AND
2. A man who had sex with the woman referred in number AND knows that she is 2. The concubine who has knowledge that the man was married.
married.(Otherwise, not liable)
Who: Victim Husband Wife
How Shall have sexual intercourse with a man not her husband. 1. 1. By keeping a mistress in the conjugal dwelling
2. 2. Having sexual intercourse under scandalous circumstances with a woman not her
wife.
3. 3. By cohabiting with her in any other place.
Intent/ Purpose - -
Penalty Prision correccional med and max Prision correccional min and med
The concubine will suffer destierro
Qualifying Circumstance
Mitigating Circumstance If the person guilty commits the offense while being abandoned w/o justifiable cause
– next lower in degree (both offenders are entitled to such mitigating circumstance)
Things to Note: Each sexual intercourse constitutes a crime of adultery. It is an instantaneous crime Actual evidence of sexual intercourse is not enough if the acts does not fall under
which is consummated and completed at the moment of carnal union. the 3 modes.

Requisites of pardon Cohabit means to live as husband and wife.


1. The pardon must come before the institution of the criminal prosecution
2. Both the offenders must be pardoned by the offended party Better use Anti- Violence Against Women and their Children of 2006

Agreement to separate, though void in law, is nevertheless, a competent evidence to


show consent by both parties.
Effects of Pardon vs. Consent Effects of Pardon vs. Consent
1. Pardon bars the offended party to act to crimes prior to the pardon. But may act on crimes committed after the pardon.
2. Consent bars the offended party to act to crimes committed prior and after consent. (same logic of amnesty, in erasing criminal liability)

Both are private crimes and thus can only be instituted by the offended party.
Art. 336 Acts of Lasciviousness Art. 339 Acts of Lasciviousness with the consent of the offended party
Who: Offender 1. Any person (male or female) Any person male or female

Who: Victim Any person (male or female) Female that is


1. Over 12 but under 18 years old
2. Virgin (presumed)
3. Single or widow of good reputation
How Commits an act of lasciviousness under the following circumstances: Commits an act of lasciviousness under the following circumstances:
1. Force or intimidation 1. Abuse of authority
2. Deprived of reason or unconscious 2. Confidence
3. Fraudulent machination or grave abuse of authority 3. Relationship
4. Under 12 years old. 4. Deceit
Intent/ Purpose With Lewd designs With lewd designs
Penalty Prision correccional Arresto mayor
Qualifying Circumstance
Mitigating Circumstance
Things to Note: No attempted or frustrated crime of acts of lasciviousness. Consent was vitiated by virtue of those listed.

If below 18 years old use RA 7610, Anti-child abuse. Better use Anti-Child Abuse (RA 7610)
Question: A man by abuse of authority touched a girl’s private parts. The girl’s age is 15. What would be his crime? (other than RA 7610)